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|  346 North Lake Street
Aurora, IL 60506 (630) 801-1400 Or Call Toll Free (866) 839-2248  |
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A Leading Illinois Attorney |
Listed below are some of the frequently asked questions people have about worker’s compensation, benefits, and the law in Illinois.
These questions are designed to inform you of your rights under the Illinois Workers’ Compensation Act.
While I have attempted to make it as current and accurate as possible, there is no substitute for a direct consultation with a lawyer to discuss your case in detail. Only in this manner can you be fully aware of all of your rights as they relate to your case at the time of your injury. Because all of the legal fees of the Illinois Workers’ Compensation Act are paid by the employer, you should never hesitate to contact by telephone or to make an appointment with a workman's compensation attorney to discuss your case.
What injuries are covered by the Illinois Workers’ Compensation Act?
If you hurt yourself while at work, under circumstances arising from your work, you are covered by workers’ compensation. Under new Illinois Law, disabilities such as chronic back aches, carpal tunnel, traumatic arthritis, cartilage damage to knees (MCL / PCL / ACL injuries), shoulders and elbow, and even heart attacks may be covered by the Act, even if there was no incident, accident or specific injury which occurred during the time you were at work.
The key question is: If you had not been at this job doing the work you were doing, would you have suffered the disability or injury or sickness that you have? If you answer is NO, it is probably work related. All work related injuries, disabilities, and sicknesses, and aggravation of those conditions are covered by the Illinois Workers’ Compensation Act.
What are my benefits under the Act?
There are three basic benefits.
If a worker's compensation attorney represents me, who pays his fee?
The company or your employer is required by law to pay your workman's compensation attorney’s fees. The attorney’s fees and expenses are paid based upon the benefits you receive under the Act. If the company does not contest your disability payments while you are off work, the work injury lawyer takes no fees from these benefits. Also, if the company voluntarily pays your medical bills, the attorney takes no fees from these benefits either. The attorney receives 20% of the payments made for permanent disability. When you hire an attorney, the Illinois Workers’ Compensation Commission requires that attorney to use a form prepared by the Commission which fully explains to you how much attorney’s fees will be charged and when the attorney will receive a fee.
Most importantly, the injured worker never pays his attorney’s fees. The fees are always paid by the company. If the injured worker receives no benefits, his attorney receives no fee.
If my company makes an offer to me to settle my case, do I need an Illinois worker's compensation attorney?
Yes. Your employer is always represented by an attorney. The company attorney will determine the value of your case and advise the company representatives who make the offer to settle your case.
Never forget that the company’s insurance adjusters, the company attorney, and the management personnel involved in settling your case are interested in one thing
Paying you the least amount of money possible
On the other hand if you hire a worker's compensation attorney, his fee is directly related to obtaining the most benefits he can for you, as is fee is based on a percentage of the benefits recovered.
If the company has an attorney, and the company always does, and you do not, there is little doubt that you will not receive all of the benefits in an amount equal to what you would receive if you had an attorney and were prepared to try your case before the Illinois Industrial Commission.
How do you file a case with the Illinois Workers’ Compensation Commission, and where are the hearings held?
You have three years from the date of your inquiry to file an application with the Illinois Workers’ Compensation Commission at the State of Illinois Building in Chicago. There is a standard form published by the Commission which must be used, and a copy of this form must be mailed to your employer. The case is then assigned to an Arbitrator based upon where the injury occurred. Injuries which happen in Kane County are heard in Geneva before an Arbitrator assigned to that “Call”. Injuries in DuPage County are heard before an Arbitrator in Wheaton. Injuries in Will County are heard in Joliet. Injuries in Cook County are heard before Arbitrator in Chicago.
Each “Call” is heard once a month for several days. The trials are help before a single Arbitrator and a court reporter during the days of each month that the cases are called. Your case would appear on the “Call” once every two months until your cases was either settled or tried. Your attorney can continue your case without you missing work on those occasions when the case is not yet ready to be settled or tried. There is no time limit as to how long as case can be continued before the Illinois Workers’ Compensation Commission.
How long can I receive lost time and medical benefits?
There is no limit. As long as you have filed your application with the Industrial Commission within three years of your accident and as long as your lost time and medical benefits are related to your injury, you can receive those benefits for however long it takes you to heal.
What if my injury of disability prevents me from returning to my regular job permanently?
If you are permanently disabled from returning to any gainful employment, the Industrial Commission can award your permanent disability benefits, which would be payable to you and your family for the rest of your life. Often, these weekly and monthly benefits are reduced to a lump-sum so as to ensure your family financial protection. In this manner, if your disability was to improve years later, you can return to work and still have received the full financial value of your total disability case.
What if I can do another job, but not my own, and I earn less money as a result?
The Act has a provision which will permit you to receive wage differential benefits. What this means, is that you can receive two-thirds of the differences between your average wage at the time you were hurt and the average wage you earn at your new job. These benefits are available for the rest of your life and can result in very large financial settlements, when reduced to current value. This benefit is available even if you move out of Illinois, or work for a new company.
What if I need rehabilitation, retraining, or additional education in order to switch jobs?
Your employer is obligated under the Act to reimburse you for all reasonable rehabilitation costs. Rehabilitation can include work hardening programs, vocational counseling, tuition and books for college or specialty school programs and weekly maintenance.
Are benefits available for scars?
Yes. The Act provides lump-sum benefits for people who receive disfigurement from cuts, fire, chemicals and other types of disfiguring accidents.
What about emotional injuries?
In one of the newest areas of compensation, the Illinois Workers’ Compensation Commission has found in favor of employees who suffer emotionally as a result of physical injuries. If you suffer from an emotional injury, you could be entitled to all of the benefits available to someone you who had only a physical injury such as a broken leg.
What if I am fired for filing a workers’ compensation claim?
If you are discharged because of an injury at work, either before of after you have filed a workers’ compensation claim, you are protected under the Act. Your attorney can fully advise you on retaliation claims and all other topics discussed in this website; but you should know that this office has been very successful in protecting workers, like yourself, from intimidation and discharge for the exercise of their rights under the Illinois Workers’ Compensation Act.
How soon should I consult an Illinois worker's compensation attorney?
Because you are entitled to immediate benefits for medical payment and lost time, it is essential you contact your attorney as soon as you can after your injury. The companies routinely withhold payments of benefits for two, three and four weeks after an accident, in hopes of forcing you to return to work earlier than what is in your best interest. By contacting an attorney immediately, and having that attorney file an application at the Industrial Commission, your case can be heard before an Arbitrator within as little as fifteen days after you have contacted the attorney’s office. The Workers’ Compensation Act has specific provisions in it for emergency and immediate relief.
What if the company does not pay the benefits when I am entitled to them?
The Act provides for extensive penalties and an attorney representing you can obtain the penalties which are available. These penalties include fines per day for delaying payment of benefits, fines as a percentage of the benefits due and owing, and fines for attorney’s fees and other costs incurred by your attorney in prosecuting the case.
What if no one witnessed my accident?
As long as you report your injury to the employer as soon as you can but no later than 45 days after the accident, it is not necessary that there be a witness to the injury. The Workers’ Compensation Act is designed to protect you from injuries at work, and the Arbitrators who administer the Act will be fair. To the extent that there is no evidence that you were injured at some place other than work, the fact that there was no witness to your injury should have no significant effect on your right to receive benefits.
Remember, this web site can never be a substitute for a meeting between you and your attorney.
Law Office of J. Timothy Loats, Ltd.
346 North Lake Street
Aurora, IL 60506
(630) 801-1400
(630) 801-5118 Fax
Toll Free 1-866-839-2248
A Leading Illinois Attorney
I help people who have been injured at work throughout the Chicago, Illinois metro area including Cook County, Dekalb County, Dupage County, Kane County, and Kendall County, and the cities of Chicago, Aurora, Elgin, Batavia, Bolingbrook, Geneva, Montgomery, Naperville, Oswego, Schaumburg, Sycamore, Wheaton, and Yorkville.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2007Law Office of J. Timothy Loats, Ltd. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |