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FAQ
What is workers' compensation?
"Workers' compensation" is a system of benefits that employers are required by law to provide to their employees. These benefits are available regardless of who is at fault for the accident. Almost every employee in Illinois is covered by the Workers' Compensation Act. There are a number of different kinds of benefits available under the Act, but the three main categories of benefits are [read more...]
Which employees are covered?
Virtually every employee who is hired, injured, or whose employment is located in Illinois is covered by the Workers' Compensation Act from the moment they begin their jobs without having to do anything. [read more...]
What injuries/diseases are covered?
In most instances, the Workers' Compensation Act covers [read more...]
Am I required to sue my employer?
A workers' compensation claim is not a lawsuit against your employer. It is a claim for benefits filed at the Workers' Compensation Commission, and it is handled and paid by your employer's workers' compensation insurance carrier. In fact, you are not allowed to sue your employer for accidents occurring on the job. [read more...]
What must I prove to get to WC?
The burden is on you, the employee, to prove that you are eligible for benefits. To qualify for workers' compensation benefits, you must prove all of the following [read more...]
What is the deadline to file a WC claim?
If you file a workers' compensation claim after the statute of limitations expires, or fail to provide notice to your employer within the time set forth in the Act, you will likely waive your right to receive any benefits. [read more...]
What benefits am I entitled to?
There are several kinds of workers' compensation benefits (below). You might also be entitled to certain non-workers' comp benefits in addition to your workers' compensation claim. [read more...]
• Medical benefits
One thing you can practically count on is that your desire for comprehensive, first-rate medical care will eventually come into conflict with your employer's desire to limit costs. You should take time to learn your rights and responsibilities and to consult with competent legal counsel to guide you through the complex laws regarding medical care under the Workers' Compensation Act. [read more...]
• Temporary total disability (TTD)
Temporary Total Disability is for employees who are totally disabled from their jobs for a temporary period following the injury. For example, a construction worker would be entitled to TTD benefits if he sustained a broken leg and is unable to return to work until the cast is removed and his doctor releases him back to work. [read more...]
• Temporary partial disability (TPD)
If your workers' compensation case is in progress and you reach a stage of healing that allows you to work light duty on a part-time or full-time basis, the workers' compensation system describes your status as temporary partial disability, or TPD. [read more...]
• Permanent partial disability (PPD)
The Workers' Compensation Act defines permanent partial disability as: [read more...]
• Permanent total disability (PTD)
The Workers' Compensation Act defines permanent total disability as either: [read more...]
• Death benefits
If an employee has a fatal accident on the job or contracts a fatal disease or condition related to work, his or her survivors may be entitled to benefits under the Workers' Compensation Act. There are three types of death benefits: [read more...]
• Vocational rehabilitation
Vocational rehabilitation is a program designed to help you make the transition to a different type of job than the one you had at the time of the accident. Vocational rehabilitation may include job search counseling, vocational retraining, and education. [read more...]
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Who pays WC benefits?
Although the employer is technically responsible, it is the employer’s workers’ compensation insurance carrier that pays all benefits under the Act in the vast majority of cases. [read more...]
How are disputes regarding benefits resolved?
Many disputes arise between the employer and employee during the course of a workers' compensation claim. For example, there may be disagreements about whether the claim is compensable, the nature and extent of injury, whether the injury is causally related to the accident, the type of medical treatment required, or the amount of benefits due. [read more...]
Are WC benefits considered income?
Generally, workers' compensation benefits are not considered income and do not need to be reported as income on your tax returns. [read more...]
What are attorneys' fees on WC claims?
The Workers' Compensation Act sets forth limitations on attorneys' fees. [read more...]
Can I be fired for filing a WC claim?
It is illegal for your employer to terminate you for filing a workers' compensation claim. If that were to happen, you may have a cause of action against your employer for retaliatory discharge. [read more...]
Do I need an attorney to handle my WC claim?
Workers' compensation claims are complex, and it is ill advised to attempt to handle one on your own. The insurance companies have attorneys and doctors on their side, so without legal representation or training in workers' compensation law and procedure, you are fighting a losing battle. [read more...]
What if I am not happy with my attorney?
You have a right to terminate your attorney and retain a new attorney at any time during your workers' compensation claim. You will not incur any additional attorneys' fees by switching lawyers. You are also free to seek a second opinion from other attorneys while you are still represented. [read more...]
What is a "third-party" claim?
In addition to a workers' compensation claim, an injured worker may have a viable "third-party" claim against someone other than the employer whose negligence caused the injuries. [read more...]
Is a settlement or decision final?
Not always. If the case is tried and a decision rendered by the Workers' Compensation Commission, here are some changes that could subsequently occur: [read more...]
Recent changes in the law
In 2005, the Illinois legislature enacted large-scale changes to the state's workers' compensation system. [read more...]
What to do if you've been injured on the job
First, get the medical attention you need. This is true whether you've experienced an injury or a sudden medical problem or you've become aware of a medical condition that has had a more gradual onset. [read more...]
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