Central Illinois Workers Compensation Lawyers

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.

The Illinois Workers’ Compensation Commission (IWCC) administers and oversees workers’ compensation claims in Illinois. The IWCC hears disputes, approves settlements, enforces procedural rules, and ensures compliance with the Illinois Workers Compensation Act.

When disagreements arise during workers compensation claims over medical treatment, wage benefits, or permanent disability, those disputes are resolved before an IWCC Arbitrator.

The vast majority of employees in Illinois are covered by the workers’ compensation act. This is so regardless of whether the employee is full-time or part-time. In Illinois, coverage begins on the employee’s first day.

Independent contractors are generally not entitled to receive workers’ compensation benefits because they are not employees. However, whether a person is an independent contractor or employee is fact-specific determination that is decided through the IWCC.

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.

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.

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

Attorney fees in Illinois workers’ compensation cases are capped by law. In most cases, and subject to certain nuances, the attorney’s fee is limited to 20 percent of the overall compensation recovered. All attorney fees must be set forth in writing and approved by the IWCC.

After a claim is filed with the IWCC, 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. From a practical standpoint, Arbitrators typically do not monitor individual benefit payments unless a hearing is requested.

In most cases, an injured worker in Illinois must file a claim with the IWCC 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, so it is important to make sure a claim is timely filed.

An injured worker is not required to hire an attorney to file a claim with the IWCC. From a practical standpoint though, most injured workers do work with workers compensation lawyers. This is typically in the injured workers best interest several reasons, including because an employer’s insurance carrier will be represented by an attorney. Likewise, the Illinois workers compensation 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.

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. Because the injured worker has the burden of proof, it is typically advisable to hire a workers compensation lawyer.

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 the existence of an employment relationship, whether an accident occurred, causal connection between the injury and employment, severity of the injury, and whether the employer received timely notice of the injury.

When a workers’ compensation claim cannot be resolved through agreement, it may proceed to arbitration or trial before the IWCC. There, a neutral arbitrator conducts a formal hearing, reviews medical evidence, considers testimony, and applies Illinois law to determine eligibility for benefits.

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. This includes first aid treatment, emergency care, doctor visits, hospital stays, surgery, physical therapy, medicine, and prescribed medical appliances. The cost of devices, such as a shoe lift or a wheelchair, may be covered. In addition, employers may be obligated to pay for physical modifications to the employee’s home, such as a wheelchair ramp.

An Independent Medical Examination, often referred to as an IME, is a medical examination requested by an employer or its workers' compensation insurance company. Under the Illinois Workers' Compensation Act, an injured worker may be required to attend an examination with a physician selected by the employer. Despite the name, many injured workers are surprised to learn that the IME physician is typically hired and paid by the employer or insurance company.

IMEs are commonly used in disputed workers' compensation claims to evaluate issues such as causation, the need for medical treatment, work restrictions, maximum medical improvement (MMI), and an injured worker's ability to return to work.

Because the opinions of an IME physician can significantly impact a workers' compensation claim, it is important for injured workers to understand the purpose of the examination and how it may affect their case.

Generally, no. Unlike a personal injury lawsuit, Illinois workers' compensation benefits do not include compensation for pain and suffering.

Instead, workers' compensation benefits are designed to provide medical treatment, lost wage benefits, vocational rehabilitation in certain cases, and compensation for the permanent effects of a work-related injury. As a result, the value of a workers' compensation claim is typically based on factors such as the nature of the injury, medical treatment received, permanent impairment, work restrictions, and the impact the injury has on an employee's ability to work.

This is one of the most significant differences between workers' compensation claims and personal injury lawsuits, where damages for pain, suffering, loss of normal life, and emotional distress may be available. It is important to work with a lawyer who understands these nuances and can investigate whether a personal injury lawsuit can be pursued in addition to the workers compensation claim.

Generally, yes. Illinois workers' compensation law allows injured workers to choose their own medical providers, subject to certain limitations. Additional limitations may apply if the employer has established a Preferred Provider Program (PPP).

Choosing the right medical providers can have a significant impact on a workers' compensation claim. The opinions of medical providers often play an important role in determining the nature of an injury, the treatment needed, work restrictions, and the benefits available to an injured worker.

Because the rules governing medical treatment can be complicated, injured workers should understand their options before changing providers or beginning treatment with a new doctor.

Illinois is generally an at-will employment state, meaning employers can terminate employees for many reasons. However, it is generally illegal for an employer to terminate an employee in retaliation for exercising rights under the Illinois Workers' Compensation Act.

These claims are often referred to as retaliatory discharge claims. While every situation is different, an injured worker may have additional legal remedies above and beyond a workers compensation claim if an employer takes adverse action because the worker reported an injury or pursued workers' compensation benefits.

If you believe you were terminated because of a work injury or workers' compensation claim, it is important to seek legal advice as soon as possible.

There are many reasons workers' compensation benefits may stop. For example, an insurance company may believe an injured worker has recovered, returned to work, reached maximum medical improvement, or no longer qualifies for temporary disability benefits.

From a practical standpoint, disputes frequently arise when an injured worker and the insurance company disagree about the worker's medical condition, work restrictions, or ability to return to work.

If workers' compensation benefits are stopped, an injured worker may still have options available through the IWCC to challenge that decision and seek reinstatement of benefits. It is generally advisable to consult a good workers compensation lawyer as soon as you learn your checks might be stopped by the insurance company.

Temporary Total Disability (TTD) benefits are wage replacement benefits paid to injured workers who are unable to work because of a work-related injury. In most cases, TTD benefits are supposed to be paid while an injured worker is recovering and remains under active medical treatment.

TTD benefits are generally calculated as two-thirds of an injured worker's average weekly wage, subject to statutory limits. These benefits often continue until the worker returns to work, is released to work, or reaches maximum medical improvement.

Permanent Partial Disability (PPD) benefits may be available when a work-related injury results in a permanent loss of function, impairment, or disability, but does not completely prevent the worker from returning to gainful employment.

The amount of PPD benefits depends on several factors, including the nature of the injury, the affected body part, medical evidence, impairment ratings, work restrictions, and the impact the injury has on the worker's future earning capacity.

It is typically in the injured workers best interest to work with a workers compensation attorney before negotiating a PPD settlement. After all, most injured workers have no idea whether the settlement they are being offered is fair and reasonable under workers compensation law. In addition, attorney fees are generally capped at 20% of the recovery. This means that so long as your workers compensation lawyer obtains 20% more money for you than you would otherwise obtain on your own, then the lawyer pays for itself.

Many Illinois workers' compensation claims ultimately resolve through settlement. A settlement is a voluntary agreement between the injured worker and the insurance company to resolve some or all aspects of the claim.

Every case is different, and the value of a settlement depends on numerous factors, including the nature of the injury, medical treatment, permanent disability, future medical needs, and potential wage loss. Most settlements must be approved by the IWCC before becoming final.

Before settling your case, we highly recommend consulting with a lawyer. Insurance companies typically will offer an amount to an unrepresented injured worker that may sound appealing but is not fair in light of the circumstances. Because attorney fees are generally capped by law at 20% of the recovery, the lawyer will pay for themselves so long as the recovery they obtain is at least 20% more than the injured worker obtains on their own.

In Illinois, injured workers can sometimes pursue both a workers compensation claim and a third-party lawsuit.

While workers' compensation claims are generally brought against an employer, a separate claim may exist against another person or company whose negligence contributed to the injury. It is important to keep in mind that Illinois law generally prohibits an injured worker from suing their own employer or co-workers, so third-party claims generally must be brought against parties other than the injured workers own employer.

Common examples of third-party claims include motor vehicle accidents, construction accidents involving multiple contractors, and injuries caused by defective products or equipment. These claims are often referred to as third-party claims and may allow an injured worker to seek damages that are not available through workers' compensation alone.

Temporary Partial Disability (TPD) benefits may be available when an injured worker has returned to work following a work injury but is earning less money than before the accident. This typically occurs when an employee returns to light-duty work with reduced hours or reduced wages.

In general, TPD benefits are intended to compensate an injured worker for a portion of the difference between their pre-injury earnings and post-injury earnings while they continue to recover from their injury. These benefits are temporary in nature and are typically paid during the recovery process.

Permanent Total Disability (PTD) benefits may be available when a work-related injury permanently prevents an employee from engaging in gainful employment. PTD benefits are generally reserved for the most serious work injuries and may be awarded when an employee is unable to return to work in any meaningful capacity.

In Illinois, PTD benefits may be payable for life in certain circumstances. Whether an injured worker qualifies for PTD benefits depends on the specific facts of the case, including the worker's medical condition, work restrictions, education, training, and ability to obtain employment.

A wage differential benefit may be available when a work-related injury permanently affects an employee's earning capacity but does not completely prevent the employee from working.

For example, an injured worker may be physically unable to return to their former occupation and may be forced to accept a lower-paying job because of permanent restrictions. In those situations, Illinois law may allow the worker to recover a portion of the difference between their pre-injury earnings and post-injury earnings.

For many seriously injured workers, a wage differential claim can be one of the most valuable benefits available under the Illinois Workers' Compensation Act.

When a work-related injury prevents an employee from returning to their previous job, vocational rehabilitation benefits may be available. Depending on the circumstances, these benefits may include job placement assistance, vocational counseling, retraining, education, or other services designed to help an injured worker return to suitable employment.

Vocational rehabilitation issues often arise in cases involving significant injuries and permanent work restrictions. The goal is to help the injured worker return to the workforce in a position that is consistent with their physical limitations and abilities.

If a work-related injury or illness results in an employee's death, certain surviving family members may be entitled to workers' compensation death benefits. Depending on the circumstances, these benefits may include weekly payments to surviving dependents and payment of burial expenses.

The amount and duration of death benefits depend on several factors, including the employee's earnings and the identity of the surviving dependents. These claims can be complex and often involve unique legal and factual issues.