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The Basics of Workers Compensation Claims in Illinois
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May 01, 2023

The Basics of Workers Compensation Claims in Illinois

The Basics of Workers Compensation Claims in Illinois

We expect to be safe and free from injuries while at work, but this does not always happen. Accidents happen and employees are injured at work.  These injuries can range from minor to fatal. Many are somewhere in between, causing long-term injuries, causing months of missed work,  and requiring significant medical treatment. 

After experiencing a workplace injury, you may wonder what options you have. The good news is that your employer should have workers’ compensation insurance that will pay for necessary medical treatment, lost wages, and even disability if that happens to be the case. 

While employers are supposed to report workplace injuries in a timely manner, sometimes that does not happen. They may not want a claim against them, as they fear an alleged rate increase in insurance premiums. Another possibility is that the employer does not have insurance at all, even though they are required to do so.

When a dispute occurs, there is help available. The Illinois Workers’ Compensation Commission oversees workers’ compensation in Illinois and can provide guidance on resolving disputes between employees and employers. Injured workers should often hire a workers’ compensation attorney to represent them.

What Employees Need to Know

After suffering an illness or injury, employees must notify employers within 45 days, but the sooner, the better. The employer will file a claim with workers’ compensation. 

In Illinois, there is a three-workday waiting period for workers’ compensation. This means employees will get benefits starting on the fourth day after their injury if they are still unable to work. However, if you miss two calendar weeks of work or more, you can then receive payment for the three workdays that you were not paid for during the waiting period. Once you begin receiving benefits, you should continue receiving them until you recover enough to return to work or until you meet the maximum compensation amount for your injury.

For temporary total disability, you will receive two-thirds (66%) of your average weekly wage. For permanent partial disability, you will receive 60% of your average weekly wage. If you suffer serious or permanent disfigurement of the head, face, neck, arm, leg, or hand, you are eligible to receive up to two-thirds of your weekly wages for up to 150 weeks, depending on the location of the injury. For the majority of cases, disputes arise in determining an employee’s average weekly wage and the value of the permanent partial disability.

What if I Have Questions?

The Illinois Workers’ Compensation Commission has resources for employees and employers. While they can answer general questions about workers’ compensation claims, they cannot provide you with legal advice.

If you are concerned about the safety of your workplace, your local Illinois Occupational Safety and Health Administration (OSHA) office can help. This government agency is tasked with overseeing workplace health and safety standards and can help improve work conditions.

If you need legal advice, your best bet is to contact a knowledgeable workers’ compensation lawyer who understands the process and can provide you with the legal help you need to secure full and fair compensation for your damages.

Contact Us Today

Being injured at work can be a serious situation. You may rack up significant medical debt and be unable to work. Make sure you take steps to get the compensation you need.

The team at Clark Frost Zucchi has the knowledge and resources needed to maximize your compensation after a serious injury. We are dedicated to helping injured people and their families throughout Northern Illinois. Schedule a free consultation today by calling us or filling out the online form.

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