If you were hurt on the job, your employer and its workers’ compensation insurance company should do everything possible to help you recover from your injuries and get back on your feet—both physically and financially. After all, you got injured while working for your employer. Now, it’s time for your employer to step up and support you.
If your employer won’t, hiring trusted and experienced Illinois workers’ compensation lawyers is a smart move. Unfortunately, employers and their insurance companies often don’t make things easy for injured employees. Many times, the obstacles and difficulties created by insurance companies are unnecessary, inappropriate, and completely contradict the law and spirit of Illinois’s no-fault system.
The Illinois workers’ compensation lawyers at Skiba Injury Law have the knowledge, skills and proven ability to make workers’ compensation work for you. If you were hurt at work, you should be focusing on getting better, not stressing about your employer denying you the benefits you deserve.
Understanding Workers’ Compensation Benefits in Illinois
Illinois law provides that for workers injured on the job, there’s no need to prove fault to receive workers’ compensation benefits. This means that even if the employer isn’t responsible for the injuries, they are still required to cover the costs. There’s no requirement to prove employer negligence; the injury simply needs to have occurred while fulfilling job duties. This is called a “no-fault system.”
This aspect of workers’ compensation is beneficial for injured workers. Instead of having to prove that someone else was at fault to cover medical expenses and lost wages, the law requires employees to report their injury to their employer and file a claim to receive benefits. This system ensures that injured workers get the support they need without unnecessary legal hurdles.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Workers’ compensation and personal injury cases differ significantly in terms of proving fault and obtaining benefits.
In a personal injury case, you must prove fault to recover damages. This involves demonstrating that another party owed you a duty of care (the responsibility to avoid causing you harm) and proving that they were negligent in fulfilling that duty, which led to your injury.
In contrast, the workers’ compensation system is a no-fault system. This means that regardless of whether your employer was negligent, you are entitled to workers’ compensation benefits if your injury resulted from your job duties. There’s no need to prove that your employer was at fault for the injury.
However, challenges may still arise. Your employer might attempt to deny benefits by arguing that your injury wasn’t related to work or by downplaying its seriousness. In such cases, while you don’t need to prove fault, you will need to demonstrate that your injury is significant enough to warrant benefits and that it indeed resulted from your job duties.
Advantages of the No-Fault Workers’ Compensation System in Illinois
A significant advantage of the no-fault workers’ compensation system is that it allows for compensation in situations where a personal injury claim is impossible.
For example, Illinois business owners are not liable for natural accumulations of snow and ice on their property. If you slip and fall on an icy patch on a business owner’s property, you generally cannot sue for damages.
However, suppose you are an employee of that business and slip while performing work duties. In that case, you are typically eligible for workers’ compensation benefits, even if your employer is not at fault for the workplace accident.
Under Illinois law, the critical factor is not whether your work injury resulted from someone’s negligent behavior but that you were injured while fulfilling work-related duties. This system ensures that employees can recover compensation regardless of fault.
Who Needs Workers’ Comp Insurance In Illinois?
Nearly every business in Illinois with employees is required to carry workers’ comp insurance, including businesses with part-time employees. Even if the employer has one employee, even a part-time employee, the employer must provide workers’ compensation insurance coverage.
Sole proprietors, bona fide corporate officers, business partners and members of limited liability companies may elect to come under the Illinois Workers’ Compensation Act, but are not obligated to. However, employers in extra-hazardous occupations, such as construction, trucking, or businesses operating at construction sites, must have workers’ comp insurance.
Common Workers’ Compensation Injuries
Workers’ compensation covers a wide range of workplace injuries. They can occur in a single incident or develop over time. Here are some of the most common workplace accidents:
Equipment accidents
Being struck by an object
Electric shock
Chemical exposure
Fires and burns
Slip-and-fall accidents
Construction accidents
Carpal tunnel syndrome or tendonitis
Injuries from a poorly designed workspace
Accidents that occur from failing to train properly
Lack of personal protective equipment
Assault and battery in the workplace
Back strains from heavy lifting or from sitting too long
These injuries and incidents highlight the importance of workplace safety and the need for workers’ compensation benefits to support those affected. Our skilled workers’ compensation attorneys can ensure that your workers’ compensation claim is treated fairly and that you secure maximum compensation.
Certain Injuries Not Covered By Workers’ Compensation
The Illinois Workers’ Compensation Act covers most injuries caused by your job, including pre-existing conditions worsened by work and work-related injuries that happen outside the workplace. However, some injuries aren’t covered, such as:
Self-Inflicted Injuries: Including those from starting a fight.
Injuries During a Serious Crime: If you get hurt while committing a major crime.
Off-the-Job Injuries: Injuries that happen when you’re not working.
Violating Company Policy: Injuries that occur while breaking company rules
Workers’ compensation usually does not cover contractors or subcontractors. If you’re not an employee, you might need to go after compensation from whoever is responsible directly. Workers compensation attorneys might advise an injured worker to pursue compensation from the another responsible party.
In some cases, third parties—such as a building owner, property owner, or equipment manufacturer—may also have liability. A workers’ compensation lawyer can help you identify the responsible party and determine the best route to pursue.
The Illinois Workers’ Compensation Process
Here’s a straightforward look at what you can expect:
Initial Treatment: If you’re seriously injured at work, go straight to a hospital or clinic for diagnosis and treatment. You get to choose where you receive treatment, and your employer covers all medical costs with no out-of-pocket expense to you. If you realize you’re injured after leaving work, seek medical help right away.
Notice of Injury: Tell your employer about the injury as soon as possible, but definitely within 45 days. The sooner you report it, the easier it is to prove the injury happened at work.
Notice of Work Restrictions: When you get treated, make sure to get documentation of any work restrictions and inform your employer.
Filing a Claim: We’ll file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission, along with naming the lawyer who will help you. We’ll keep a close eye on your case and step in if any issues arise, ensuring your rights and benefits are protected.
Ongoing Treatment: Your employer must pay for all necessary medical treatments related to your work injury until you reach maximum medical improvement (MMI), which means no further treatment will benefit you.
Independent Medical Examination (IME): Your employer can send you to a non-treating doctor for a second opinion on your condition and treatment. Consult your attorney before this examination.
Treatment Dispute Resolution: If your doctor and the IME doctor disagree, your attorney can request a hearing to resolve the issue.
Negotiation of Benefits Beyond Medical Treatment: If your injury prevents you from returning to your previous job, your employer might need to pay for retraining or a lump-sum settlement.
The Illinois workers’ compensation system is extremely complicated and a workers compensation case can take 12 months or longer. It is recommended that you work with an experienced workers compensation attorney to help resolve your case and maximize the benefits you receive. If you need help, Skiba Injury Law can give you a free consultation on your workers comp case and help you navigate Illinois workers compensation law.
Types of Workers’ Compensation Benefits in Illinois
Medical Benefits: Injured workers are covered for all necessary medical treatment related to their work injury—doctor visits, surgery, meds, physical therapy, and more. No out-of-pocket costs for these.
Temporary Total Disability (TTD) Benefits: When injured employees can’t work while recovering, TTD benefits kick in. This provides get about two-thirds (66.7%) of the average weekly wage during this time.
Temporary Partial Disability (TPD) Benefits: If an injured worker can return to work but can’t earn as much due to restrictions, TPD benefits help cover the difference—again, around two-thirds (66.7%) of the gap.
Permanent Partial Disability (PPD) Benefits: Injured worker with lasting impairment but can still work? PPD benefits depend on the severity of your impairment
Permanent Total Disability (PTD) Benefits: If an injured worker is is permanently and totally disabled, they may be entitled to get two-thirds of your average weekly wage for life (subject to certain limitations)
Vocational Rehabilitation: Available to an injured worker who can’t return to their old job. This may be provided to help retrain for a new one.
Death Benefits: If a work-related injury or illness leads to death, the injured worker’s dependents can receive benefits, including funeral costs and ongoing support.
Penalties and Interest: If an employer or their insurer drags their feet or denies benefits unfairly, you might get extra compensation for the hassle.
Is There a Statute of Limitations Under the Illinois Workers’ Compensation Act?
There are two statutes of limitations with respect to workers compensation in Illinois.
First, Illinois workers compensation laws require injured workers to notify their employer within 45 days of the injury or date of diagnosis of an illness.
Second, an Illinois worker’s compensation claim must be filed with the Illinois Workers Compensation Commission within two years of the last payment of compensation from the employer or three years from the date of workplace injury or diagnosis of illness. Work injuries that are considered ongoing, such as back injuries from repetitive motion (repetitive stress injuries), the date of injury is the date on which the injured worker would have reasonably become aware of their work related injuries, and that it was directly linked to job duties.
Benefits of Hiring a Workers Compensation Lawyer
Illinois law requires nearly all employers in the state to carry workers’ compensation insurance. The main goal of this system is to protect workers: If you suffer physical injury or become sick on the job, workers’ comp ensures automatic, no-fault benefits payments.
A secondary goal of workers’ compensation is to reduce disputes and prevent lawsuits. If your employer carries workers’ compensation coverage, you generally can’t sue them if you are hurt on the job unless the harm was intentional.
However, just because you can’t sue your employer doesn’t mean you shouldn’t hire an workers compensation attorney. An experienced Illinois workers’ compensation lawyer can maximize your chances of success and the outcome of your claim in the following ways:
Workers Compensation Attorneys Can Identify Other Liable Parties
One disadvantage of workers’ compensation is that settlements are usually lower than lawsuit damages. This trade-off allows for automatic, no-fault payments.
While you can’t sue your employer for a workplace accident, you may sue third parties like contractors, safety managers, manufacturers, or product designers. The experienced workers compensation attorneys at Skiba Injury Law can help identify responsible parties and pursue additional compensation.
Workers Compensation Attorneys Can Help Ensure You Don’t Miss a Deadline
As stated earlier, two main deadlines under Illinois law must be observed for your workers’ compensation claim. First, injured employees have 45 days to notify an employer of workplace injuries. Second, there is a specific timeframe to file a workers’ compensation claim with the Illinois Workers Compensation Commission. Missing any of these deadlines could put your workers comp claim at risk. An experienced work injury lawyer can make sure that does not happen.
Workers Compensation Lawyers Give You Equal Representation
Employers and insurers have lawyers to handle workers’ comp claims. By hiring your own attorney, you ensure someone is negotiating on your behalf. If your claim is denied, your workers’ compensation lawyer can appeal your case.
Workers Compensation Lawyers Give You a Better Chance of Higher Settlement
While there’s no guarantee your claim will be successful, having a seasoned attorney boosts your chances of getting all the benefits you’re entitled to, and for as long as possible. The most recent study conducted by Clara Analytics showed that injured employees who hire an Illinois workers’ comp lawyer get almost 400% higher payout on workers compensation cases than those who don’t.
Contact a Chicago Workers’ Compensation Attorney Today
At Skiba Injury Law, we’re workers’ compensation experts with years of experience. We can help you navigate your case, gather evidence, negotiate, and appeal if necessary.
Don’t miss the deadlines for your workers compensation claim. Get a FREE consultation by filling out the case evaluation form on our contact page or calling us today.
Our Chicago workers’ compensation attorneys work on contingency, so you pay nothing unless you get the compensation you need.
