Workers in Waukegan and other localities in Illinois are entitled to workers’ comp benefits to cover injuries they sustain at work. For instance, if you are eligible for Temporary Total Disability (TTD) benefits, you get payments that are two-thirds of your average weekly wage. If payments are delayed, and you live from one paycheck to the next, the stress can worsen your condition. Unless they deny your request for workers’ comp benefits, they must make those payments as per schedule. The good news is that with help from Waukegan workers’ comp lawyers, you can get paid retroactively.
As per Illinois law, the insurance company and your employer can incur stiff penalties if they cannot provide a legitimate reason for the payment delays. The first thing you need to do is send a written demand letter for the benefits. The payer has 14 days to respond with the reason behind the delay. If you do not receive a response, or the one you get does not adequately explain the reason behind the delay, you may get $30 per day as compensation from the Commission. You will receive this additional amount till the benefits are paid. Experienced and knowledgeable Waukegan workers’ comp lawyers can file the request for you and a motion for a penalty claim hearing.
A penalty hearing for workers’ comp payment delays is held in the presence of the Illinois Workers’ Compensation Commission. During the hearing, your lawyer will present evidence to strengthen your claim. This includes a previous compensation check or even an envelope with a postage stamp. Once the hearing is over, the Commission will evaluate the penalty to determine if the amount should be awarded. If the payer (the insurance company or your employer) refuses to compensate for the payment delays and rejects the penalty, they can face further action.
There is only so much you can do against powerful insurance companies if you don’t have solid legal backing. But with knowledgeable and committed Waukegan workers’ comp lawyers in your corner, you can ensure your demand for timely payments is taken seriously. They can provide you with legal recourse if the payer delays payments or refuses to pay unjustly. Insurance companies get rich because of the red tape that blocks policyholders from the full benefits they have already paid for. They pay as little as possible and pocket the rest. By filing for penalties, you can punish them and motivate them to pay you extra for damages you incurred because of the delays.
Retroactive workers’ comp payments are benefits paid for the period of time you were unable to work due to a work-related injury or illness, but before your claim was approved.
To qualify, you must have medical documentation indicating that you were unable to work due to your injury or illness. This documentation should show that you were placed on work restrictions or unable to return to work.
The duration of retroactive payments depends on state laws. Some states may pay retroactively from the date you first missed work, while others have specific waiting periods before payments begin.
Most states have a waiting period before benefits start, typically ranging from 3 to 7 days. Retroactive payments may cover this waiting period if you meet the eligibility criteria.
Yes, if your claim was initially denied but later approved, you may be eligible for retroactive payments for the period you were off work.
You should file a claim as soon as possible after your injury or illness. Provide all necessary medical documentation and evidence to support your claim.
If your employer disputes your claim, you may need to attend a hearing or mediation to resolve the issue. Consulting with a workers’ compensation attorney can help you navigate this process.
The time frame can vary depending on the complexity of your case and the state’s processing times. It’s important to follow up with your claim and provide any additional information requested by the workers’ comp office.
If you are searching for the best legal representation to get the workers’ comp payments you deserve, contact us at The Law Offices of Robert T. Edens today. We have been aiding employees like you for over 20 years and can clearly outline your options. Our attorneys will evaluate your case before formulating a legal strategy that can work in your favor. They have recovered millions for clients over the years, so you can rest assured you will get the compensation you deserve. No one should go to work or recover from work-related injuries worrying about their paycheck or benefits. Contact us at 847-395-2200 for a confidential consultation today!
(Updated 1/20/2025)
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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