When an employee suffers a job-related injury, Illinois law provides important protections through the Illinois Workers’ Compensation Act (820 ILCS 305). These benefits are designed to cover medical expenses, partial wage replacement, and, in some cases, permanent disability. However, many legitimate claims are delayed, reduced, or denied because of mistakes employees make after an injury. As Antioch workers’ compensation attorneys, we have seen how easily seemingly minor errors can damage an injured worker’s case. Knowing what to avoid can make the difference between receiving full benefits and facing financial hardship.
One of the most common and costly mistakes is waiting too long to report a workplace injury. Under 820 ILCS 305/6(c), an employee must notify their employer of an injury within 45 days. Failing to do so may result in the loss of benefits. Delays also raise suspicion from insurance adjusters who may argue that the injury did not occur at work or was not as serious as claimed.
We always advise workers to provide written notice of an injury as soon as possible, even if the symptoms appear minor. Reporting early ensures that a paper trail exists, protecting the injured worker’s rights if the condition worsens or requires long-term treatment.
Another critical mistake is avoiding or postponing medical care. Some employees hope an injury will heal on its own, while others worry about missing work. Unfortunately, failing to see a doctor promptly can significantly compromise a claim. Insurance companies often argue that a delay in treatment means the injury was not work-related.
Under 820 ILCS 305/8(a), injured workers are entitled to reasonable and necessary medical treatment. It is important to inform the doctor that the injury occurred at work so that the physician’s notes reflect this connection. Medical documentation is one of the most powerful forms of evidence in a workers’ compensation case.
Compliance with medical treatment is another key factor in maintaining a valid claim. Insurance carriers routinely review medical records and may suspend benefits if an employee misses appointments or fails to follow prescribed restrictions. Consistent treatment shows that the injury is serious and ongoing.
If a doctor places restrictions on lifting, standing, or working certain hours, it is essential to follow them. Violating these limitations can lead to arguments that the employee is exaggerating or prolonging recovery.
After an injury, an insurance adjuster will likely contact the worker for a recorded statement. Many employees believe this is a routine step, but these statements are often used to reduce or deny claims. Adjusters are trained to ask leading questions that can cause confusion or contradiction.
We strongly recommend consulting an attorney before giving any recorded statement. A workers’ compensation lawyer can help prepare accurate responses and ensure that statements cannot be misinterpreted.
Returning to work prematurely is another mistake that can negatively affect a claim. Some employees feel pressured by employers or financial necessity to return before they are physically ready. However, resuming full duties without medical clearance may worsen the injury and jeopardize eligibility for further benefits.
Under 820 ILCS 305/8(b), temporary total disability (TTD) benefits are available while an injured worker is unable to perform job duties. Returning too early may result in these payments being terminated, even if the worker remains unable to perform safely. Always obtain written clearance from your treating physician before returning to work.
Commission
Even if an employer accepts the initial claim, it is essential to file an official claim with the Illinois Workers’ Compensation Commission (IWCC) using Form IC11. Some employees mistakenly believe verbal approval or company acknowledgment is sufficient. However, if disputes arise later—such as disagreements over medical bills or wage benefits—a formal filing ensures that legal rights are preserved.
Filing must generally occur within three years of the injury or two years from the last payment of benefits, whichever is later, according to 820 ILCS 305/6(d). Failing to meet this deadline may permanently bar recovery.
Social media activity can easily harm a workers’ compensation case. Insurance companies and defense attorneys routinely monitor posts for evidence that contradicts injury claims. Even innocent pictures or comments can be misinterpreted as proof of exaggeration or dishonesty. Avoid discussing the accident, symptoms, or recovery process online until the case is resolved.
Workers’ compensation insurance companies are focused on minimizing payouts. Adjusters may delay payments, deny treatment, or dispute permanent disability ratings. Employees who assume the system will work fairly without legal representation often face avoidable denials. Having an experienced attorney ensures that deadlines are met, medical documentation is complete, and benefits are calculated correctly. At The Law Offices of Robert T. Edens, P.C., we fight to ensure injured workers receive the full compensation guaranteed under Illinois law.
Illinois law provides several categories of benefits, including coverage for medical expenses, temporary total disability (TTD) payments for those unable to work, permanent partial or total disability benefits, and vocational rehabilitation services. In cases of fatal injuries, death benefits may be available to dependents.
Yes. Claims are sometimes denied if the employer or insurer believes preexisting conditions caused the injury, occurred outside the scope of employment, or resulted from misconduct. Proper documentation, timely reporting, and effective legal representation are crucial in countering these denials.
Under 820 ILCS 305/8(a), an injured employee generally has the right to select up to two treating physicians. Any referrals made by these physicians for specialists or diagnostic testing are also covered. However, visiting multiple unrelated providers without authorization may limit coverage.
It is illegal for an employer to fire, demote, or harass an employee for exercising workers’ compensation rights. Retaliation may lead to a separate claim under Illinois law. Workers who experience retaliation should contact an attorney immediately.
Workers’ compensation in Illinois is a no-fault system. This means employees are generally entitled to benefits regardless of who caused the accident, as long as it occurred within the course of employment.
Timelines vary depending on the nature of the injury and whether the employer disputes the claim. In straightforward cases, temporary benefits may begin within a few weeks. Complex cases involving disputes can take several months or more.
Although not required, having legal representation significantly improves outcomes. Attorneys ensure compliance with filing deadlines, prepare necessary documentation, and negotiate fair settlements. Insurance companies have their own lawyers—injured workers deserve the same protection.
At The Law Offices of Robert T. Edens, P.C., our team has helped Illinois workers secure the compensation they deserve for decades. We understand how employers and insurance companies operate and fight to ensure that injured employees receive full and fair benefits.
Contact our Illinois workers’ comp lawyers at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We represent clients throughout Illinois from our offices located at:
Our attorneys are dedicated to protecting injured workers and their families. When an injury threatens financial security, our firm stands ready to defend the rights guaranteed by Illinois law.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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