Workmans’ Compensation

What is Worker’s Compensation?

Worker’s compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault.

The State agency that administers the program is called the Illinois Worker’s Compensation Commission.

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Which Employees are covered?

Every employee who is hired, injured or whose employment in the State of Illinois is covered by law. They are covered the moment they begin their jobs.There is no waiting or probation period.

What Injuries are covered?

The law covers all injuries that are caused in whole or in part by the employees work. An employee who suffers a heart attack to an employee who is injured in any other way caused by the work.

What benefits are provided in Worker Compensation cases?

The benefit categories are:

  1. medical care that is reasonably required to cure or relieve the employee of the effects of the injury.
  2. Temporary total disability (TTD) benefits while the employee is off work and recovering from the injury.
  3. Temporary partial disability (TPD) benefits while the employee is recovering from the injury but working light duty,
  4. Vocational rehabilitation benefits
  5. Permanent partial disability (PPD) for an employee who sustains a permanent disability or disfigurement but can work,
  6. Permanent Total disability(PTD)benefits for an employee who is rendered permanently unable to work
  7. Death benefits for surviving family members

Who pays for the benefits?

By law the employer is responsible for the cost of worker’s compensation.

Who should the injured worker notify?

The employee should inform the employer promptly. The law requires the employee to notify the employer of the date and place of the accident, if known.

Notice may be given orally or in writing.

What are the time limits for notifying the employer?

The employee must notify the employer within 45 days of the accident. Any delay in the notice to the employer can delay the payment of benefits.

Can a worker be fired for reporting an accident or filing a claim?

It is illegal for an employer to harass, discharge, refuse to hire or in anyway discriminate against an employee for exercising his or her rights under the law. Such conduct by the employer may give rise to a right to file a separate suit for damages in the circuit court. An employee with a pending worker’s compensation claim may still be disciplined or fired for other valid reasons.

Must an employee file a claim to receive benefits?

If the employee wants the Commission to order benefits to be paid he or she must file a claim.

Meet with an experienced Lawyer as soon as possible.

You have a limited time to file your workers’ compensation claim and you need to speak with an experienced workplace injury attorney as soon as possible.

Michael J. Brennan is a former Illinois State’s Attorney with more than 24 years of trial experience. His tough, results-driven approach will ensure that you get the highest level of compensation for yourself and your family.

With offices conveniently located in Orland Park, Illinois, as well as downtown Chicago, attorney Michael J. Brennan requires no fees until you achieve your compensation settlement.

Call us at 708-460-9300 for a free consultation in regards to your workplace accident and the possibilities for compensation.