Workers’ Comp FAQ
Under Illinois workers' compensation laws, employees who sustain work-related injuries or occupational diseases may be entitled to seek workers' comp benefits. However, the state's workers' compensation process often involves various complexities. As a result, understanding the eligibility requirements, the filing procedures, and the maximum time limit for filing is imperative to make informed decisions and ensure that your benefits are not denied.
With over 30 years of extensive experience, we have the diligence and skill to support and represent employees in their workers' comp cases. Our practiced Illinois workers' compensation attorney can analyze your conditions, help file your claims, and answer some of your frequently asked questions about workers' compensation in the state. We're proud to serve clients across Hanover Park, Rosedale, Bloomingdale, Schaumburg, and Cook County, Illinois.
Frequently Asked Questions About Workers' Compensation in Illinois
According to Illinois laws, employers must provide workers' compensation insurance coverage for almost every person who is hired or injured, or who has their job localized in the state. Some frequently asked questions about workers' compensation in Illinois include the following:
Who qualifies for workers comp?
If you become ill or sustain an injury while performing a work-related task, you're entitled to workers' compensation benefits. Such workers' compensation benefits include medical expenses, lost wages, physical therapy, and physical therapy.
How much time do I have to file?
Under Illinois law, you must report your workplace injury or illness to your employer within 45 days of the incident. Also, you must file your workers' compensation claim within:
three (3) years after the date of the accident, or
two (2) years from the last workers' comp benefit payment, whichever is later.
If you fail to report or file your workers' compensation claims before the specified time limit, the insurance provider may deny your benefits.
What if my employer retaliates against me for filing?
Under Illinois state and federal employment laws, employers are prohibited from retaliating against employees for reporting work-related injuries, workplace violations, and other injustices at the workplace. If your employer has retaliated against you for reporting a work-related injury or illness, you may file a complaint or claim with the Illinois Department of Labor and seek legal remedy or relief.
Can I go to my own doctor?
Yes. In Illinois, employees who suffer work-related injuries or illnesses are allowed to see their doctor for adequate treatment. According to Illinois Workers' Compensation Act Section 8(a), "The employee may at any time elect to secure his own physician, surgeon, and hospital services at the employer's expense, or upon agreement between the employer and the employees..."
What if the injury was partially my fault?
Additionally, workers' compensation in Illinois is considered a no-fault. This means that an injured employee will be eligible to recover workers' comp benefits provided that the injuries occurred while on the job, regardless of who was at fault.
What benefits are injured employees entitled to?
The following benefits may be recovered by filing a workers' compensation claim in Illinois:
Medical expenses, such as hospital visits, doctor's appointments, medications, and surgery
Reimbursement for lost wages and benefits
Partial or total temporary disability
Partial or total permanent disability
Vocational training and rehabilitation benefits
What if I have pre-existing medical conditions?
According to Illinois workers' compensation law, having a pre-existing medical condition doesn't disqualify you from seeking workers' comp benefits. If the workplace accident or illness aggravated or worsened your underlying health issue, you are still eligible to pursue benefits.
What if I was injured on my way to work or while on a break?
Under Illinois law, an injured employee is entitled to workers' compensation benefits for accidents, injuries, or illnesses that "arise out of and in the course of your employment." Thus, if you were injured while on your way to work or during a lunch break, you will be eligible to recover benefits – once you were acting within the scope of your employment.
How does the workers' compensation process work?
Here are the steps to file a workers compensation claim in Illinois:
Get prompt medical attention for your injuries from an experienced physician.
Follow your doctor's instructions and treatment recommendations.
Report the injury or illness to your employer.
Your employer will report the injury and provide the necessary documentation to the workers' compensation insurance provider.
Your employer will file your worker's compensation claim with the insurance provider on your behalf.
The insurer will approve or deny your workers' comp claim.
If the claim is approved, you can accept the settlement offer or negotiate an improved settlement. Conversely, if your claim is denied, you can request for reconsideration or file a formal appeal.
Do I need an attorney to file a workers compensation claim?
Having legal guidance when filing your workers' compensation claim is crucial to protect your rights. Your attorney can educate you about the process, gather substantial evidence, and help file your workers' comp claims. Also, your workers' compensation attorney has the resources to handle all discussions and negotiations with the insurance provider.
Even if your claim is denied, your attorney can appeal the decision and help you recover your rightful benefits. Our skilled attorney at Maritote Law can advocate for your best interests and help you recover the maximum available workers' compensation benefits.
Get the Answers You Need and Deserve
If you need assistance filing your workers' compensation claim or have other questions about workers’ comp process, contact us at Maritote Law today to schedule a simple case assessment. Our reliable attorney can offer you the highly-personalized attention and vigorous representation you need in your workers' compensation case. We proudly represent clients across Hanover Park, Rosedale, Bloomingdale, Schaumburg, and Cook County, Illinois.