Illinois Workers' Compensation Law Overview

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The Illinois Workers Compensation Act is a “no fault” wage replacement system designed to pay the injured worker both medical benefits and lost wages during his or her period of time off from work. “No fault” means that fault is not considered when determining whether or not you have a case. In other words, you could be at fault and still get benefits. The tradeoff is the employer’s liability is limited to benefits specified in the statute. In other words, employees who get hurt on the job cannot sue their employer, even if the employer was negligent.

The Illinois Workers’ Compensation Act provides compensation for accidental injuries or death suffered in the course of employment, including: payment for 100 percent of medical expenses, payment for lost wages, compensation for the permanent nature of your injury (also known as a settlement) and payment for vocational retraining or re-schooling if it is needed.

The best part about Illinois work comp law is that every worker who is an employee has it. And from the moment you are injured, you are covered. You do not need health insurance to get medical care. You pay nothing out of pocket and there is no time limit for how long benefits can last. It is really incredible protection for injured workers. And when you are all better, the settlement you receive compensates you for the harm you have suffered. In many cases your settlement can exceed what you would make in a year.

To be covered you have to show one of three things:

– You were injured in Illinois

– You were physically in Illinois when you were hired

– Or that you primarily work out of Illinois

This means that you can work in another state, but get hurt here and file for workers’ compensation benefits in Illinois. That is significant as Illinois work comp benefits are much better than most if not every state. It also means that if you were originally hired in Illinois, if you transfer out of state with that company and you get hurt there, you can still file in Illinois. We have seen this happen with workers at companies like Amazon and with traveling nurses.

 The only exception to this is if you are an independent contractor and even then you may be eligible for benefits if you are really an independent contractor in name only. This occurs a lot with truck drivers who are told they are 1099’s but the company treats them like an employee. Just because they call you an independent contractor does not mean you are one, even if you signed something that agrees to it. 

All Illinois work injury claims are handled through the Illinois Workers’ Compensation Commission. The main office is located at the Daley Center in downtown Chicago and there are numerous hearing locations throughout the state. The Commission operates the state court system for workers’ compensation cases. Workers’ compensation claims are not lawsuits so there is no Judge or jury trial. Rather an Arbitrator hears evidence in disputed claims and makes decisions that can be appealed to a three person Commission panel.

For injured workers we typically recommend lawyers that exclusively handle work injury claims. We believe this gives you a better chance of success than if you hire a jack of all trades firm that will take on most cases that come through the door. Illinois workers’ compensation laws are constantly changing and the great majority of defense attorneys only handle workers’ compensation claims. As an injured worker, you are putting yourself at a disadvantage if your lawyer does not exclusively focus on workers’ compensation claims.

In our opinion, in Illinois, workers’ compensation attorneys who regularly appear before Illinois Workers’ Compensation Arbitrators (the judges) are more successful than other attorneys who only occasionally appear before them. Although this doesn’t guarantee a favorable result, we have seen that these “regulars” have developed a rapport with these judges. Simply put, success or failure can hinge on a lawyer’s familiarity with the procedures and people of the court.

In workers’ compensation cases, attorneys must work on a contingency fee basis. This means that no attorney’s fee is charged unless the injured person secures a recovery. If the injured person secures a recovery, the attorney receives a certain percentage of the recovery as his or her fee. In Illinois, the amount that can be charged by your lawyer for your worker’s compensation claim is 20% of the injured employee’s recovery.

If you get hurt on the job in Illinois, there a few things that almost every worker should do:

– Immediately get medical care and tell them that you were hurt at work.

– Report the injury to your employer. Illinois law gives you up to 45 days to do this, but the longer you wait, the more suspicious it looks.

– Assuming you are still in pain, follow up with your doctor. Remember you do not need health insurance to get medical care. Gaps in medical treatment create a defense for the insurance company.

– Do not give the insurance company a recorded statement and do not sign any medical authorization form that asks for access to all of your medical records.

– Get a free case review with an experienced attorney so you can learn what else you need to know about and how they can help protect you.

If you have been injured on the job in Illinois, it’s important to hire a lawyer who knows the workers’ compensation laws and can help you get the benefits that you deserve. If you have any questions about workers’ compensation or would like a referral to an experienced Illinois workers’ compensation lawyer, please contact us. All calls are free and confidential. We will give you the same guidance that we would offer a family member or friend in the same situation. It is one reason that people say our FREE service is like having an attorney in the family.