The Definitive Illinois Workers’ Compensation Guide

If you’ve been hurt at work in Illinois, you probably have a lot of questions. This guide answers those questions and more in plain English. Here are 50 things every Illinois worker should know.What are your rights? Will you get paid while you’re out? Do you need a lawyer? If there is something we did not answer or you want a FREE case review, call us any time at 312-346-5320 to be connected to a lawyer right away.

The Basics Of Illinois Workers’ Compensation Law

1. Illinois requires employers to carry workers’ compensation insurance. If you work in Illinois, your employer is legally required to have workers’ comp coverage. This means you have rights even if your employer acts like you don’t. It is a felony for them not to have insurance.
2. Workers’ comp covers injuries that happen because of your job. If you were hurt while doing your job, or while doing something related to your job, you are likely covered. This includes injuries in the workplace, on a job site, in a company vehicle, or even off-site if you were working at the time.
3. You don’t have to prove your employer was negligent. Unlike a personal injury lawsuit, workers’ comp is a “no-fault” system. You don’t need to show that your employer did something wrong, just that you were injured at work.
4. Workers’ comp covers both accidents and repetitive injuries. A one-time accident (like a fall) and a slow-developing injury (like carpal tunnel from years of repetitive motion) are both covered. If your job contributed to your condition, you have a claim.
5. Illinois workers’ comp is handled by the Illinois Workers’ Compensation Commission (IWCC). The IWCC is the state agency that oversees all workers’ comp claims, hearings, and disputes in Illinois.

Reporting Your Injury

1. You must report your injury to your employer. Illinois law requires you to notify your employer of a work injury within 45 days. However, you should report it as soon as possible.
2. Always report in writing. Even if you tell your supervisor verbally, follow it up in writing with a text, email, or written incident report.
3. Don’t downplay your injury when you report it. Be honest and thorough when describing what happened and what hurts. If you minimize it at the start and symptoms worsen, the insurance company may argue the injury isn’t work-related. Do not embellish either. Just tell the truth.
4. Your employer cannot legally fire you for filing a workers’ comp claim. Retaliation for filing a workers’ comp claim is illegal in Illinois. If your employer fires or harasses you after you file, you may have another legal claim against them.
5. Missing the reporting deadline can end your case. The legal window is 45 days but waiting that long is risky. The sooner you report your injury, the harder it is for an employer or insurer to dispute your claim.

Medical Treatment For Illinois Work Related Injuries

1. Your employer (or their insurance company) has the right to choose your IME doctor. In Illinois, the employer gets to send you to an Independent Medical Examination physician. You must see their designated doctor, at least initially.
2. All reasonable and necessary medical treatment must be covered. The insurance company must pay for all medical care related to your work injury. This includes doctor visits, surgery, physical therapy, prescriptions, and medical equipment. You do not need health insurance if it is a job injury. Work comp covers everything and you are covered from day 1 on the job.
3. You can get a second opinion. Illinois law allows you to seek a second medical opinion, usually at the expense of the insurance company. If the second opinion differs significantly, it can be used to support your claim.
4. Keep records of every medical appointment. Document every doctor visit, treatment, prescription, and out-of-pocket expense related to your injury. These records are critical to your claim.
5. Don’t skip or delay treatment. Gaps in medical treatment give insurance companies ammunition to argue you aren’t as injured as you claim. Follow your doctor’s recommendations.

Wage Benefits And Illinois Work Comp

1. You can receive benefits for time you miss from work. If your injury keeps you from working, you are entitled to Temporary Total Disability (TTD) benefits which is typically two-thirds of your average weekly wage.
2. TTD benefits are tax-free. Unlike regular wages, Illinois workers’ comp wage benefits are not subject to federal or state income tax.
3. Your average weekly wage is calculated over the 52 weeks before your injury. This calculation can be complex, especially if your hours varied. An attorney can make sure this number is calculated correctly, and it directly affects how much you receive. Often workers get underpaid because they worked less than 52 weeks and the insurance company does not calculate based on how much work they really did. A good lawyer can fix this.
4. There are caps on weekly benefits. Illinois sets a maximum weekly benefit amount that is adjusted each year. In some cases, this cap can limit what you receive. Understanding this is important when evaluating if you are being paid correctly.
5. Partial disability benefits are available if you can work but earn less than before. If you return to work in a lower capacity and earn less than before or part time only, you may qualify for Temporary Partial Disability (TPD) benefits to help make up the difference.

Settlements And Other Payments

1. You may be entitled to a disability award. If your injury results in a lasting impairment, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.
2. Illinois uses a “schedule” for certain body part injuries. Illinois law assigns a specific number of weeks of benefits for the loss of (or loss of use of) specific body parts (e.g., a hand, a finger, an eye, a leg). These are called “scheduled injuries.”
3. The bigger your injury, the more likely it is worth. But it ultimately comes down to your recovery, how much you earn, your age and what defenses there are to your claim.
4. If you have permanent restrictions that greatly affects your case value. In the least it will make your case worth more. If you can not work your old job anymore and have to take a lesser paying job, you can get paid 2/3 the difference until you are 65. This is called a wage differential.
5. Permanent Total Disability (PTD) is available for the most severe injuries. If you are completely unable to return to any type of work because of your injury, you may be entitled to lifelong PTD benefits.

The Illinois Work Comp Claims Process

1. Filing a claim with the IWCC protects your rights. Formally filing an Application for Adjustment of Claim with the IWCC puts your case on record and protects your legal deadlines.
2. There is a time limit for filing. Generally, you have 3 years from your injury (or 2 years from your last benefit payment, whichever is later) to file a claim. Miss this deadline and you may lose your rights entirely.
3. Most cases settle without a trial. The majority of Illinois workers’ comp cases are resolved through negotiated settlements, and having an attorney dramatically improves the settlement you can negotiate as well as the speed of getting there.
4. If there’s a dispute, an arbitrator hears your case. If your claim is contested, an IWCC arbitrator will hear the evidence and issue a decision. This is less formal than a court trial but still a legal proceeding with a court reporter.
5. An aggressive lawyer is needed to get you a hearing on a disputed case. Before you can go to trial, typically there needs to be a deposition of your doctor and the IME doctor. Lazy lawyers can cause cases to take many months more than they should.

Insurance Company Tactics

1. The insurance company is not on your side. The workers’ comp insurance company works for your employer, not for you. Their goal is to pay out as little as possible on your claim. Never assume they have your best interests at heart.
2. They may ask you to give a recorded statement. Insurance adjusters often ask injured workers to give a recorded statement early in the process. You are not required to do this, and doing so can seriously damage your claim. No Illinois work comp lawyer we know would let a client do this.
3. They may send an investigator to watch you. Insurance companies sometimes hire private investigators to photograph or video injured workers. Be honest about your limitations. Exaggerating your injury is fraud, but the insurer denying a real injury is also fraud.
4. A quick settlement offer is often a low-ball offer. If the insurance company offers you a fast settlement right after your injury, it’s usually well below what your case is actually worth. They want to close the case and end your medical care before you should. It is in their best interests, not yours.
5. Insurance companies will try to get all of your medical records. They will likely send you a broad medical authorization form. You do not have to sign that. They only have a right to records that relate to your injury.

Why You Need An Attorney

1. Workers’ comp law in Illinois is complicated and the stakes are high. Illinois workers’ comp involves specific deadlines, legal standards, and procedural rules. A single mistake can cost you tens or hundreds of thousands of dollars or your entire claim.
2. Attorneys level the playing field. Your employer has an experienced insurance company and defense attorneys working to minimize your claim. Having your own attorney ensures someone is fighting in your corner with equal expertise.
3. An attorney can maximize your settlement. Studies consistently show that injured workers represented by attorneys receive significantly higher settlements than those who go it alone. An attorney knows what your case is truly worth.
4. Workers’ comp attorneys in Illinois work on a contingency fee basis. You pay nothing upfront. Your attorney only gets paid if you win or settle your case. That fee is capped at 20% of what they recover and usually only applies to a settlement or trial result.
5. There is no financial risk to hiring an attorney. Because workers’ comp lawyers work on contingency, you have nothing to lose by getting legal representation. If your attorney doesn’t recover money for you, you owe them nothing.
6. An attorney handles the paperwork and deadlines for you. Missing a filing deadline or submitting incorrect forms can derail your claim. Your attorney manages all of this so you can focus on recovering.
7. Attorneys can connect you with the right medical experts. Experienced workers’ comp attorneys often work with doctors who understand how to properly evaluate and document work injuries in ways that hold up in legal proceedings.
8. If your claim is denied or delayed, an attorney is essential. A denial is not the end of the road but fighting it without legal representation is very difficult. An attorney knows how to challenge a denial and build a winning case. They will also file a 19(b) petition to get your case as heard as soon as possible.
9. Your attorney can spot third-party claims you might miss. Sometimes a work injury involves a third party like a negligent driver, a defective piece of equipment, or a property owner. Your attorney can identify these additional claims, which can result in significantly more compensation. Sometimes those cases are worth millions.

General Info To Know

1. Pre-existing conditions don’t disqualify you. If your job aggravated, accelerated, or combined with a pre-existing condition to cause your current disability, you still have a valid workers’ comp claim in Illinois.
2. Repetitive trauma injuries are covered. Conditions like tendinitis, carpal tunnel syndrome, hearing loss, and back problems that develop over time due to the nature of your work are covered in Illinois.
3. Mental health conditions can be covered. Illinois workers’ comp can cover psychological conditions (such as PTSD or severe anxiety) that develop as a direct result of a traumatic work incident. Unless there was also a physical incident involved, the mental injury must come from a one time, severe and shocking event like being robbed at gun point, seeing someone get killed, etc.
4. Death benefits are available for families of workers killed on the job. If a worker dies from a work-related injury or illness, their surviving spouse and dependents are entitled to death benefits and burial expense reimbursement under Illinois law. Weekly benefits are similar to someone who is permanently disabled and can last for 25 years.
5. Independent contractors may still have work comp rights. Just because your employer calls you an independent contractor doesn’t necessarily mean you are one under the law. Misclassification is common — an attorney can help determine if you’re actually entitled to workers’ comp benefits in Illinois.
6. Settling your case is permanent, so get it right. Once you sign a settlement agreement in Illinois and it is approved, it is typically final. You generally cannot go back and ask for more money later. This is why having experienced legal representation before you settle is so important.

Consult With an Illinois Workers’ Comp Attorney

If you’ve been injured at work, contact us at 312-346-5320 to get a referral to an experienced Illinois workers’ compensation attorney. We cover all of Illinois and will only recommend attorneys who we would also suggest to family members or friends.