Being injured at work can lead to significant disruptions in your health, career, and personal life. Illinois’s workers’ compensation system is intended to pay you for some of your losses so you can
get back to work quickly. Learn about how long it takes to receive workers’ comp below and talk to our workers’ compensation lawyers in Cook County if you have legal questions.
The Illinois Workers’ Compensation Act offers immediate temporary total disability (TTD) benefits that cover 100% of your medical expenses and about 2/3 of your average weekly wage. However, if you have a permanent partial disability (PPD), you may wonder how long it takes to resolve your claim and receive a lump sum payment.
You can assume that your company’s workers’ compensation insurance provider will try to offer as low a settlement as possible. While the timeline varies, 12 to 18 months is a typical time to come to a settlement agreement for workers’ compensation. But this can extend to 24 months or even more if the insurance company fights the claim.
You can usually expect the insurance company to contest your claim, so having an experienced Illinois workers’ compensation attorney is essential to getting the best settlement. Your attorney can negotiate with the insurance company to get you the most money and file a lawsuit if negotiations break down.
Many things can influence how long it takes to receive a workers’ compensation settlement. Some of these factors include:
You must have a state of permanency to decide how much workers’ compensation you receive. This means your physician must determine that you recovered from your illness or injury as much as possible and have achieved maximum medical improvement (MMI). Reaching MMI for a serious injury could take longer than a minor one.
Most companies want to lower the number of approved workers’ compensation claims to keep their insurance premiums low. If your company wants to do this, they could question the claim, arguing that your injury is unrelated to work. Or, they could claim that you can return to work sooner because you are not as seriously hurt as you claim. Any dispute on your employer’s part can delay the settlement process.
It is natural for many injured parties to delay hiring an attorney to see if they can resolve it without a legal dispute. However, waiting until you have a workers’ compensation dispute to retain an attorney is not recommended. Once there is a dispute, you may not be able to obtain critical evidence, or you may have received subpar medical care that affects your claim. Waiting to hire an attorney until there is a problem will only delay your settlement, so bring in an experienced attorney early in the process.
In Illinois, the majority of employees are covered under workers’ compensation laws. This includes full-time employees, part-time workers, and temporary employees who suffer job-related injuries or illnesses. However, it is important to note that independent contractors, certain agricultural workers, and some domestic workers may not qualify for workers’ compensation benefits. Eligibility can vary based on specific job classifications, so it’s crucial for workers to understand their employment status and rights.
The Illinois workers’ compensation program offers a variety of benefits to workers who are injured or become ill due to their job. These benefits include:
Medical Expenses – Coverage for all necessary medical treatment related to the injury or illness, including doctor visits, hospitalization, surgery, rehabilitation, and medication.
Temporary Total Disability Benefits (TTD) – Compensation for lost wages if the employee is unable to work during their recovery; this typically equals two-thirds of their average weekly wage, subject to certain limits.
Permanent Partial or Total Disability Benefits – If the injury results in a lasting impairment, employees may receive benefits based on the severity and impact of their injury on their ability to work.
Vocational Rehabilitation Services – Assistance in retraining or finding new employment if the worker cannot return to their previous job due to the injury.
Death Benefits – Financial support for the families of employees who suffer fatal injuries while on the job, which can include funeral expenses and compensation for loss of income.
To initiate a workers’ compensation claim in Illinois, an injured worker must take the following steps:
Report the Injury – The employee should report the work-related injury or illness to their employer as soon as possible. Prompt reporting is crucial to ensure eligibility for benefits.
Seek Medical Treatment – It is essential for the worker to seek appropriate medical care and keep detailed records of all treatments and associated costs. Employers may have preferred medical providers, so the employee should be aware of any requirements.
File a Claim – If the employer does not voluntarily provide benefits or if there are disputes, the worker should file a claim with the Illinois Workers’ Compensation Commission. This typically involves submitting specific forms and documentation demonstrating the injury and its relation to work.
Yes, employers or their insurance companies may deny a workers’ compensation claim for several reasons. Common reasons include disputes over whether the injury was work-related, failure to follow company reporting procedures, or allegations of exaggerating the injury. If a claim is denied, workers have the right to appeal the decision through the Illinois Workers’ Compensation Commission, which can involve hearings and additional evidence submissions to prove the legitimacy of the claim.
While it is not mandatory to hire an attorney when pursuing a workers’ compensation case, doing so can be extremely beneficial. A workers’ compensation attorney brings expertise in navigating complex laws and regulations, negotiating settlements with insurance companies, and advocating for fair compensation on behalf of the injured worker. They can also provide valuable assistance during the appeals process if a claim is denied.
In Illinois, there are specific time limits related to filing a workers’ compensation claim. Generally, workers are required to file a claim within three years of the date of the injury or illness. Alternatively, if benefits have been received, a claim must be filed within two years from the date of the last benefits payment. It is important for workers to adhere to these deadlines to ensure their eligibility for benefits and avoid forfeiting their rights. Understanding the workers’ compensation process and benefits available can significantly aid employees in managing their recovery and ensuring they receive the necessary support during challenging times.
Illinois Workers’ Compensation Commission
If you have a workplace injury, you want to receive a settlement for your injuries promptly. Contact our workers’ compensation lawyers in Cook County at The Law Offices of Robert T. Edens, P.C. for assistance with your workers’ comp case at (847) 395-2200.
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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