Illinois Workers’ Compensation: What You Need to Know

Illinois Workers’ Compensation: What You Need to Know

As defined by the Illinois Workers’ Compensation Commission (referred to as “Commission” from here on out), “Workers’ compensation is a no-fault system of benefits paid by employers to workers who experience work-related injuries or diseases.” Typically, benefits are awarded no matter who is at fault.

Workers’ Compensation Coverage

If you’ve been hired, injured, or your employment is contained in Illinois, you are most likely eligible for benefits. From the second you start working, you are covered under the Workers’ Compensation Act. If you become injured while working, you are able to obtain workers’ compensation benefits.

There are several categories that are covered under workers’ compensation. If you’re injured on the job and receive benefits, you are entitled to the following allowances (as applicable to your situation):

  • Medical care that concerns your work-related injury
  • Temporary total disability (TTD) benefits during the time you’re out of work to recover from your injury
  • Temporary partial disability (TPD) benefits during your recovery, but you’re still able to perform light duties for reduced earnings
  • Vocational rehabilitation/maintenance benefits may be awarded if you’re participating in an authorized vocational rehabilitation program
  • Permanent partial disability (PPD) benefits may be awarded if you endure a permanent disability or disfigurement, but are still able to continue working
  • Permanent total disability (PTD) benefits may be awarded if you are described permanently incapable of working
  • Death benefits to your living family members if you die

Workers’ Compensation Details

You may be wondering whether your workers’ compensation benefits may be taxed. These kinds of benefits are not considered taxable income under state or federal law. That means you do not need to claim these benefits on your tax returns.

By law, you should not have to pay a dime of your workers’ compensation benefits. Your employer is legally responsible for the costs associated with these types of benefits. It is common for employers to purchase workers’ compensation insurance in order to pay for these sorts of occurrences. It is unlawful for your employer to charge you any portion of the benefits or insurance premiums.

In addition, it is possible for an employer to attain approval from the state to be self-insured. If your employer is self-insured, they will be required to pay for workers’ compensation benefits on their own.

If you’d like to check to see who is responsible for your company’s workers’ compensation benefits, you can check their workplace notice, the Commission’s website, email the Commission, or call them at 866-352-3033.

If you find that your employer does not have workers’ compensation insurance, you should provide your employer’s name, address, and the date of your injury to the Commission’s Insurance Compliance Division. They may be emailed, or you can call at 312-814-6611 or toll-free at 866-352-3033.

What To Do if You’re Injured at Work

Let your employer know about your injury. You may provide this information orally or in writing. Typically, your employer will provide you with the proper forms to fill out in order to obtain your benefits.

If your employer won’t pay for your workers’ compensation benefits, you should contact your attorney right away. Have your attorney speak with your employer to determine why you are unable to receive benefits.

If your employer still refuses to pay, you may file a claim at the Commission. The Commission will only be involved if you follow the proper procedures for requesting a hearing.

You may wonder whether your employer may fire you for reporting an accident or filing a claim. Per the Commission, it is unlawful for employers to “harass, discharge, refuse to hire, or discriminate in any way against an employee for exercising his or her rights under the law.” However, that doesn’t mean you may not be let go for another reason.

If you were injured at work, your employer is no longer on your side. Employers are out to save money for their company and the insurance company and not to make sure that you are properly compensated for your injury and time lost at work.

It is important that you obtain a Naperville worker's compensation lawyer who is experienced and knowledgeable in these areas to ensure that you have a strong case to get you the help you need.

The attorneys at Chute, O’Malley, Knobloch & Turcy are highly skilled in this area of the law and have recovered millions for clients just like you. If you need help with your workers’ compensation claim, leave it to us. Don’t hesitate to contact us with your case right away.

Call the Naperville lawyers at Chute, O’Malley, Knobloch & Turcy today at (773) 906-4063 to speak with an attorney about your workers’ compensation case.