I HAVE HAD
AN ACCIDENT AT WORK, WHAT DO I NEED TO KNOW?
Generally: The Illinois Worker's Compensation Act is a
no-fault system providing very specific benefits to anyone injured while in
the course of employment.
Insurance: All employers in the State of Illinois are
required to carry worker's compensation insurance. Independent contractors are
not covered by the Act, however, their employees are.
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When does coverage begin?
The moment you
begin to work. Back to top
Can my employer fire me for filing
a claim?
Illinois
law prohibits an employer from harassing or discharging an employee who
exercises his/her rights under the Act. Your
employer could become liable for damages in a civil lawsuit for retaliatory
discharge and wrongful termination. Back to top
Can an undocumented worker file a claim?
Yes. The Act
applies to all workers irrespective of their immigrant status.
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What injuries are generally covered?
Specific injuries
to the body (sprains, fracture, and amputations), heart attacks, repetitive
trauma (carpal tunnel syndrome), hearing loss,
disfigurement, including other related injuries.
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What if my work accident has aggravated or furthered a
pre-existing medical condition, can I still file a claim?
Yes. Providing a
qualified physician agrees that your work activity has contributed or furthered
your pre-existing condition. Back to top
What if I have an accident while running an errand for my employer, can I
file a claim?
Yes. As long as
you did not deviate from your responsibilities.
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WHAT IS THE FILING PROCEDURE?
Notice: It is imperative that you notify your employer
immediately as a delay of more than 45 days can result in the permanent loss
of all benefits under the Act. If you know that your employer has a reputation
of denying worker's compensation benefits, file your claim at the Illinois
Industrial Commission without delay in order to pursue to an emergency
hearing.
Notice Requirements: The notice should contain your name,
address, telephone and social security numbers, date, time, including a brief
description of how the accident occurred. Back to top
To whom must I give notice?
A
supervisor, foreman, superintendent, human resources department, or owner. It is
always a good idea to notify as many people as possible. Please
note that notice to a co-employee will not satisfy this requirement.
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Is there a time limit within which
I can file my claim with the Illinois Workers' Commission?
Yes. Three
(3) years from the date of injury, or two (2) years following the last payments
of weekly disability benefits, whichever occurs later. Employer's
duties: Your employer must notify its worker's compensation insurance carrier of
your accident. The insurance carrier will then set up a claim
and assign an adjustor to handle your case. Usually, a two (2) week turnaround
occurs before you actually hear from an adjustor.
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I have lost time from work without
any compensation, what do I do?
You must
secure a medical note from your doctor verifying your temporary total disability
due to a work accident. Forward this note to your employer
requesting that they contact their insurance company. Keep a copy of all
tendered documents for your records. Back to top
How long must I wait before I
receive disability benefits?
A
delay in the payment of these benefits of 14 or more days creates a rebuttable
presumption of an unreasonable delay . Penalties may be assessed
against your employer. Back to top
WHAT BENEFITS AM I ENTITLED TO?
Generally: You are entitled to three benefits: A. medical
treatment including the ability to select two physicians of your choice, in
addition to other medical health practitioners to whom the worker is referred
to by the two doctors, B. temporary total disability (TTD) benefits consisting
of 66 2/3rds of your average weekly wage rate, and C. permanent partial
disability (PPD) benefits where the injury has resulted in a permanent loss.
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When do TTD benefits begin?
After the 3rd missed day from work. The first 3 days of disability can be
recouped providing you are disabled fourteen (14) or more days.
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When am I entitled to PPD
benefits?
After you have reached maximum medical improvement and
your doctor says that you are not able to function the same as before the
accident. These benefits will greatly vary depending on the nature of your
injury, time lost from work, whether surgery was involved, and depending on
the type of medical restrictions imposed by your doctor. The expertise of an
experienced worker's compensation practitioner can guide you through this
process. Back to top
What if I am unable to
perform my customary duties?
Your employer may be required to provide you with
vocational rehabilitation and/or retraining to return you to some type of
suitable employment. If your new job does not pay as much as your old job,
your employer may be required to pay 66 2/3rds of the difference.
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What if I am unable to work at all?
Then you may qualify for total permanent disability (TPD)
benefits. Back to top
HOW DO I INCREASE MY CHANCES OF
SUCCESSFULLY WINNING MY CASE?
Avoid giving oral or written declarations and/or
statements without first consulting with a lawyer.
Avoid filling out any reports or forms requested of any
party without first consulting with a lawyer.
Observe your doctor's recommended plan for treatment and
do not miss scheduled medical appointments unnecessarily.
Do not engage in any physical activity in violation of
your doctor’s prescribed orders as the insurance company may place you under
surveillance.
Do not miss any time from work without a medical excuse.
Keep your employer advised at all times as to the status
of your medical treatment, including updated disability notes. Failure to do
so will result in your being fired for just cause which could jeopardize
certain benefits under the Worker's Compensation Act.
Keep copies of all medical records, disability notes,
and medical statements.
Keep a diary of all matters concerning your accident,
including conversations with your employer (dates, times, places and persons
present during such conversations).
When in doubt, consult with a qualified attorney. Back to top
