If you work for an Illinois-based business and become ill or sustain an injury while at work, you may be able to file a workers’ compensation claim.
Illinois’ workers’ compensation system supports workers financially by covering lost income and medical expenses after an injury or illness.
If you want to file a claim, the following guide provides all the information and steps to follow when claiming from workers’ comp in Illinois.
When to File a Claim
You have a limited time of 45 days to set the process in motion. This means you have 45 days to inform your employer about your injury or illness. If you take too long to inform your employer or initiate your claim, you may not be eligible for workers’ comp benefits.
At the same time, you have three years from the onset of your illness or injury to file a formal claim with the Illinois Workers’ Compensation Commission (IWCC).
How to File a Claim
When you are injured or fall ill at work, there are several steps to follow. The top priority should always be to get medical care immediately.
Depending on how serious your symptoms are, visit your nearest emergency room or your doctor. Keep a record of each visit and your diagnosis and treatment plans. If other employees or colleagues witnessed the moment you were injured or struck by illness, get statements from them for your case.
Write a formal notification or inform your employer about your injury or illness. It might be best to do this in writing so that there is a physical record of it. Include all details, including time, date, location, and nature of the illness or injury.
The Illinois Workers’ Compensation Commission Incident Report Form (ICPN) simplifies the notification process.
Notifying your employer does not mean everything will go off without a hitch. There is a chance that your employer will deny your claim or dispute your benefits. If you disagree, file a formal claim with the IWCC. The IWCC helps resolve these types of disputes using an arbitrator.
If the arbitrator cannot resolve the dispute, your case may be appealed through the court system. Fortunately, most workers’ comp disputes are settled outside of court.
Types of Workers’ Compensation Benefits
There are several types of benefits available under Illinois workers’ comp. These include the following:
Temporary Total Disability Benefits
If you cannot work while recovering from your injury or illness, you may qualify for TTD benefits. TTD also applies if your employer cannot put you on light duty to accommodate your recovery.
You will only get TTD benefits for the first three days away from work if you are booked off for two weeks or more. You will continue receiving the benefit until your doctor confirms your condition has sufficiently improved. If your condition does not improve further with treatment, it is known as maximum medical improvement.
The TTD you can claim is typically two-thirds of your weekly income before your injury or illness. The maximum amount of this benefit will change every six months.
Suppose your condition improves to the point where you can resume working (light duty or part-time). In that case, you may continue receiving a benefit called temporary partial disability (TPD). This is typically two-thirds of the difference between your old and current wages.
Disability Benefits
If your maximum medical improvement status means permanent disability, you may be able to claim permanent total disability benefits.
This will only apply if you cannot perform any work or if you have lost the use of two limbs or both eyes. If you qualify for permanent total disability benefits, you will receive them for the rest of your life, and the rate will be the same as that of TTD.
If you have lost the use of one part of your body but can still work, you may qualify for permanent partial disability benefits. These benefits fall into four categories:
- Wage Differential Benefits: If you can return to work but earn less money, you may be entitled to a wage differential award. These benefits include two-thirds of the difference between your salary for your old and new jobs. These payments only last five years or until you turn 67.
- Scheduled Loss-of-Use Awards: If you can no longer see, hear, or use your extremities, you could receive 60% of your pre-injury or illness weekly wages multiplied by a specific number of weeks, according to law.
- Non-scheduled Awards: If you suffer an injury to your internal organs, head, or spine, you may qualify for an award equal to 60% of your weekly wage for up to 500 weeks. This award is based on your doctor’s recommended disability rating.
- Disfigurement Benefits: If you suffer permanent disfigurement to a visible part of your body, you may receive an award of 60% of your weekly wage for up to 162 weeks.
What to Do When Filing a Workers’ Compensation Claim
If you have not filed a claim before, hiring an attorney specializing in workers’ compensation law in Illinois would be beneficial. Your lawyer will help you meet all the necessary deadlines, gather the required evidence, and represent you during hearings and mediations.
Do not withhold information from any party, whether you are a lawyer, employer, doctor, or the IWCC. Give updates where necessary about your medical condition, ongoing work restrictions, and any unexpected changes to your situation.
If your doctor clears you to return to work, even with limitations, do so. This will demonstrate your willingness to work, which can only count in your favor.
Never lie on your compensation claim by making things seem worse than they are. Filing a fraudulent claim is a serious offense in the state of Illinois. If you are found guilty of defrauding the system, you may be charged with a felony and face prison time.
Following the Proper Procedure Can Help You Get Financial Assistance
The risk of work-related illness or injury is always there, no matter how small. If something happens to you at work, follow these steps to ensure you get the financial assistance you need.
