What You Need To Know About Illinois Workers’ Compensation
If you were recently injured on the job, you have probably considered filing for workers’ compensation benefits. The following article will provide some helpful information regarding workers’ compensation in the state of Illinois.
- You Have 45 Days to Report the Accident to Your Employer. Under 820 ILCS 305.6(c), an injured employee has to report the accident to his employer within 45 days from the date of the accident.
- You Could File for Workers’ Compensation in Illinois Even If You Weren’t Injured in Illinois. You can file for workers’ compensation benefits even if you weren’t physically present in Illinois when the work-related injury occurred. If you were injured out of state, you can still file for benefits as long as you were hired in Illinois or your employment is principally localized in Illinois.
- There Are Some Injuries That Workers’ Compensation Does Not Cover. Workers’ compensation does not cover the following types of injuries: self-inflicted injuries (including a situation where the injured employee initiates a fight); injuries suffered while an employee was committing a serious crime; injuries suffered while an employee was not on the job; and injuries suffered when an employee’s conduct violated company policy.
- Employers Are Required by Law to Carry Workers’ Compensation Insurance. Employers must carry workers’ compensation insurance for employees (or get permission to self-insure) and failing to do so is illegal. Additionally, employers are also required to do the following: put up a notice in the workplace explaining workers’ rights; keep a log of workplace incidents; report accidents that cause more than 3 consecutive lost work days; and report any work-related deaths within 2 days.
- You Could Still Receive Workers’ Compensation Benefits Even if You Have a Pre-Existing Injury. If you have a pre-existing injury and a work-related accident or work conditions exacerbates that injury, you can still receive workers’ compensation benefits.
- You Can Receive Benefits While You Are at Home Recovering. If you are unable to work while you are recovering, you are likely entitled to Temporary Total Disability (TTD) benefits which equal two-thirds of the employee’s average gross weekly wage.
- If Your Employer Fails to Provide Workers’ Compensation Benefits, You Can File a Claim with the Illinois Workers’ Compensation Commission (IWCC). If you report your accident to your employer but your employer fails to provide your benefits to you, you can file a claim with the Illinois Workers’ Compensation Commission (IWCC). You will be required to show proof of the following elements: you were an employee on the date of your accident; you sustained injuries during the course of employment; your injuries were caused by the accident; and you provided the employer with proper notice of the accident.
Do You Have Questions about Workers’ Compensation? Contact our Firm
Workers’ compensation claims can sometimes be difficult to navigate. Connolly Injury Law can help. Reach out to our Chicago workers’ compensation lawyer for a consultation.