Illinois Worker’s Comp Rules you Need to Know

Illinois Worker’s Comp Rules you Need to Know

Most Illinois employers have to pay their employee worker’s comp insurance. The insurance is designed to compensate employees who get injured on the job by covering their medical expenses.

Basic Rules about Illinois Worker’s Compensation

In Illinois, employers are required to:

• Purchase insurance for their employees in the form of worker’s compensation or acquire permission for self-insurance as per the law.
• Ensure that a note detailing workers’ comp benefits is posted in a noticeable place in the workplace.
• Maintain records of work-related injuries and report accidents that result in at least three lost workdays.

Besides these rules, employers are forbidden from:

• Charging employees for any benefits they claim for worker’s compensation.
• Firing, refusing to hire, or discriminating against an employee who claims compensation as per their rights under the Worker’s Compensation Act.

The Act covers all potential workplace injuries and illnesses, whether partially or in whole. Even if you were injured because of a mistake, you would still be covered if the incident is covered as per compensation laws. Some of the covered injuries include:

• An injured back or knees that resulted from heavy lifting at the workplace.
• Carpal tunnel syndrome due to repetitive motion such as typing.
• Broken bones or concussions from blunt force trauma.
• Slip and fall injuries in the workplace.
• Exposure to lethal chemicals that cause disease or illnesses.

Besides on-site injuries, worker’s comp also covers injuries sustained offsite, provided the circumstances that led to them are work-related. So you will be covered if, say, you get hurt while making deliveries or installing cable. The injury or illness does not have to occur at a specific time to be considered for compensation. You can still file if either occurred over several months. Lake County worker’s comp attorneys can guide you.

Penalties for Non-Compliance

An employer can face strict penalties if they fail to provide or deny workers’ comp for their employees. Some of them include the following:

• Negligence to pay workers’ comp insurance coverage is considered a Class A misdemeanor for each day without coverage. A guilty employer can face 12 months in jail and a fine of $2,500.
• Knowingly failing to provide compensation coverage is a Class 4 felony punishable with a jail sentence of several years and a $25,000 fine. With consistent non-compliance, the employer may also have to shut their company down till they get insurance.
• Uninsured employers can be fined $500 for every day they fail to get coverage for their employees. They may also face a citation ranging from $500 to $2500 from the Insurance Compliance Division, losing protections that the Worker’s Compensation Act can give them. This includes protection from lawsuits that their employees may file against them.

Contact Robert Edens to Get the Compensation You Deserve

Robert Edens and the Lake County worker’s comp attorneys in his team have fought for the rights of injured workers in Illinois for years. In the last two decades, they have recovered millions of dollars for their clients. Get in touch with him for a consultation today and get the compensation you deserve.

Frequently Asked Questions About Illinois Workers’ Compensation

Illinois workers’ compensation laws are designed to protect employees who suffer injuries or illnesses arising out of and in the course of their employment. The Illinois Workers’ Compensation Act governs these claims and outlines the rights and responsibilities of both workers and employers. Below are answers to frequently asked questions about workers’ compensation in Illinois.

What is workers’ compensation in Illinois?

Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured on the job or develop work-related occupational illnesses. In exchange for these benefits, employees generally give up the right to sue their employer for negligence. Most Illinois employers are required by law to carry workers’ compensation insurance.

Who is covered by Illinois workers’ compensation?

Most employees in Illinois are covered from their first day of employment, including full-time, part-time, and seasonal workers. Independent contractors are generally not covered, although misclassification issues can arise. Immigration status does not affect eligibility for workers’ compensation benefits.

What types of injuries are covered?

Workers’ compensation covers a wide range of work-related injuries and conditions, including:

• Traumatic injuries from workplace accidents
• Repetitive stress injuries, such as carpal tunnel syndrome
• Occupational illnesses caused by exposure to hazardous substances
• Aggravation of preexisting conditions caused by work duties

The injury must be connected to job-related activities to qualify for benefits.

What benefits are available under Illinois workers’ compensation?

Illinois workers’ compensation benefits may include:

• Medical expenses related to the work injury
• Temporary total disability (TTD) benefits for time off work
• Temporary partial disability (TPD) benefits
• Permanent partial disability (PPD) or permanent total disability (PTD) benefits
• Vocational rehabilitation in certain cases
  

TTD benefits are generally paid at two-thirds of the employee’s average weekly wage, subject to statutory limits.

How soon should a workplace injury be reported?

Employees should report work-related injuries to their employer as soon as possible. Illinois law generally requires notice within 45 days of the accident or discovery of an occupational illness. Delayed reporting may jeopardize a claim unless there is a valid reason for the delay.

Can an employee choose their own doctor?

Yes. In most cases, injured workers in Illinois may choose two doctors outside of the employer’s preferred medical provider program. Certain exceptions apply, particularly if the employer participates in an approved preferred provider program.

What if the workers’ compensation claim is denied?

If a claim is denied, the employee has the right to file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC). Disputes may involve issues such as whether the injury is work-related, the extent of disability, or entitlement to benefits.

Can an employee be fired for filing a workers’ compensation claim?

Employers may not legally retaliate against employees for filing a workers’ compensation claim. While Illinois is an at-will employment state, terminating an employee solely for pursuing workers’ compensation benefits may give rise to a wrongful termination claim.

How long do workers’ compensation claims take to resolve?

The timeline varies depending on the severity of the injury and whether the claim is contested. Some claims resolve within months, while others may take years, particularly if hearings or appeals are required.

Why is legal representation important in workers’ compensation cases?

Workers’ compensation cases can involve complex medical and legal issues. An experienced attorney can help protect an injured worker’s rights, handle disputes, and pursue the full range of benefits available under Illinois law.