Workers' Compensation

Workers' Compensation

What is Workers’ Compensation?

Workers’ compensation is a system of benefits for job-related injuries. Almost every employee in Illinois is covered from the moment you begin a job. It pays for the:
  • Medical costs of job-related injuries and diseases. 
  • Pays missed days from work.
  • Missed days from work.
  • Money for your injury. 

What kinds of injuries are covered?

Workers’ compensation only covers job-related injuries:
  • Injury caused by the repetitive use of a body part at work.
  • Stroke caused by work.
  • Heart attack caused by work.
  • Physical problems caused by work.
  • Pre-existing conditions made worse by work.

If you are injured on the job, what should you do?

  •  Report the injury no matter how minor and irrelevant of whether you intend to get medical care. You never know whether a minor injury will at a later time develop into a more serious injury that will require medical care.  
  • Go to your employer’s urgent care or seek your own medical care.
  • Tell your doctor that your treatment is for a work-related injury. This lets your doctor know that they should bill the workers compensation carrier.
  • Call us and we will refer you to an experienced lawyer. The lawyers that work with us do not charge for the consultation.

What should an employer do?

  • Your employer should get you medical assistance or allow you to get medical care from your choice of doctor or hospital. You are under no obligation to get care at a company-clinic.
  • Your employer should provide you with the name of the workers’ compensation insurance provider, policy number and contact information.
  • Your employer should report the injury to its workers’ compensation carrier.
  • Employers MUST NOT discriminate against a worker in any way for exercising their rights under the law. This includes harassing, firing, or refuse to rehire the employee because they filed a compensation claim.

Does it matter what kind of doctor I see?

YES! The workers compensation carrier has a right to send you for a second opinion to their own doctor or to challenge your doctor’s recommendations. If their doctor disagrees with your doctor’s recommendations, there is a good chance a judge can end up deciding which doctor is right. Judges look at the reputation and experience of a doctor in helping make that determination. Not all doctors are perceived equally. Some doctors, hospitals and clinics are perceived to be more credible and less likely to be challenged. Other doctors are flagged by insurance companies and are more likely to be challenged. Always seek medical care from reputable doctors, clinics or hospitals. If you are not sure, please contact us for a free consultation.

When should the workers’ compensation carrier start paying me benefits?

Medical Care - The workers’ compensation carrier should authorize treatment immediately.

Payments for being off work – If you are off work for three consecutive days, on the 4th day benefits should begin. If you are off 14 consecutive days, then benefits begin from the day after your accident. You are paid 2/3 of your gross salary. 

Payment for my injury – Payment for your injury occurs after you have finished all medical care and are discharged from care. There is an exception if you have suffered an amputation. If you suffered an amputation, you should receive payment for your amputation immediately. Failure to pay immediately can result in penalties against the workers’ compensation carrier.

What is my case worth?

Determining the value of your case is premature unless your doctor discharges you from care or your doctor states you have reached Maximum Medical Improvement (MMI). An accurate and honest estimate of the value of your case does require you to finish treatment or be discharged from care.

Several factors are involved in determining value, such as:
  • Diagnosis and treatment you received
  • Whether you had surgery
  • Amount of time you were off of work
  • Whether you can return to your job or need to find a new one
  • Whether your new job pays as much as your old job
  • Whether you have permanent restrictions
  • Whether you suffered disfigurement
  • How much money you were earning at the time of your injury

There are essentially four reasons under which you can recover for a work-related injury:
  1. Permanency – You have a right to recover if you injure and sustain a permanent injury to a specific body part.
  2. Person-as-a-whole - If your work-related injury has caused permanent limitations to the use of your body, you can use this method. Considering your age, occupation, skill, limitation of motion, pain, and inability to perform certain tasks, the Commission will evaluate your physical impairment and the effect of your disability on your life and come up with a percentage for your loss of a person as a whole.
  3. Wage Differential - If you end up with permanent medical restrictions and your employer cannot accommodate them, you will have to look for a job within your restrictions. If you only find a job that causes you a significant wage loss, you might be entitled to a wage differential payment. For injuries before September 1, 2011, the differential payment is for life. For injuries after September 1, 2011, the differential payment is paid until you are 67 or for five years, whichever is greater.
  4. Odd Lot Perm Total – Workers who have been given permanent medical restrictions by their doctors and have demonstrated they are unable to find work based on a combination of their permanent restrictions, age, education and lack of transferable skills. An odd lot perm total can render you with a disability payment for life. Settlements of these types of injuries usually result in the largest settlements.
If you suffered a work-related injury, call us and we will put you in contact with an experienced lawyer to help you navigate the law.
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