Illinois Workers Compensation Lawyers
At 217 Law, we help clients in Central Illinois with work injuries and workers compensation claims.
Central 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.
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
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.
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.
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.
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.
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.