Workers' Compensation Claims in Illinois: Your Rights as an Injured Worker

 Posted on May 26, 2023 in Personal Injury Lawsuits

Workers’ compensation is a state-mandated insurance program that offers benefits to employees who are injured or suffer an illness due to work responsibilities. Employees in Illinois and most states that offer this insurance are eligible for these benefits regardless of fault.

Your Rights as an Injured Worker in Illinois 

The Illinois Workers’ Compensation Act (IWCA) governs worker's compensation claims in the state. If you are injured in the workplace, you may be entitled to:

• 100% medical expenses – Employers must cover all medical costs of the injured worker.

• Temporary total disability benefits (TTD) – If workers have to take some time off to get treatment for workplace injuries, they may be eligible for lost wage benefits. The sum is based on at least 2/3rds of their average gross weekly wages.

• Partial permanent disability benefits (PPD) – If a worker is partially disabled because of injuries sustained at work, they may be eligible for PPD benefits. 

• Differential in wage loss – If a worker's injuries prevent them from doing their job and they have no choice but to get one that pays less than their current job, they may be eligible for wage loss differential benefits. This is 2/3rds of the difference between both jobs' gross wages (weekly) that can give the injured worker some reprieve. 

• Vocational training – Workers who cannot return to work because of their workplace injuries may get retraining for another profession. 

• Survivor benefits – If a worker is killed at work, their dependents can get worker’s compensation benefits. 

Filing a Worker’s Compensation Claim 

In Illinois, employers are legally obligated to provide worker's compensation benefits to injured workers. If they fail to do this, the employee can file the claim with the IWCC.

The employee has to prove that:

• They are entitled to those benefits by proving that they were employed on the date they were injured

• They were injured during the course of their employment

• Their condition was caused or worsened by the accident 

• Their employer received due notice of their accident

If the employer challenges these claims, or if there are any other disputes regarding the worker's compensation claim, an arbitrator will conduct a trial and decide what should be done in 60 days. 

Contact a Professional Lake County Workers’ Compensation Lawyer from Salvi & Maher

Navigating a worker’s compensation case and filing a claim can be overwhelming, especially if you are seriously injured. Contact our Lake County workers’ compensation lawyers at Salvi & Maher for a consultation regarding your case. We can help you understand your legal options and assist you with your claim. Dial 847-662-3303 to book a free consultation with us today.