Workers' Compensation Benefits FAQs

Illinois Attorneys for Workers' Comp Claims

Does Workers' Compensation Cover My Injury?
Is Any Injury Caused by My Employment Covered by Workers' Compensation?
Does My Injury Have to Pccur at Work to Be Covered by Workers' Compensation?
When Should I Notify My Employer of the Injury?
When Should I Seek Medical Treatment?
When Do I Have to File a Claim?
If I Re-Injure or Irritate a Previous Injury or Condition, Am I Still Eligible to Receive Benefits?
What Benefits Am I Eligible for Under the Workers' Compensation Law?
Will My Benefits Be Taxed?
Who Pays for My Benefits?
Can I Receive Benefits if My Injury Was Caused by Womeone Other Than My Employer or My Co-Worker?
Can I Settle My Case?
What Happens if I Settle?
What Happens if My Employer Offers a Settlement and I Choose Not to Accept it?
Should I Be Seen by My Employer's Doctor?
How Much Does a Good Workers' Compensation Attorney Cost?
If I Am Permanently Disabled, Can I Receive Benefits in a Lump Sum?
How Can I Ensure That I Will Receive Future Medical Treatment for My Work-Related Injury?
If My Employer or Their Workers' Compensation Insurance Company Asks Me for a Recorded Statement, Should I Provide One?
Should an Accident Report Be Filled Out With My Employer?

Does Workers' Compensation Cover My Injury?

Yes, if your injury or illness arose out of and in the course of your employment. Injuries in workplace accidents, occupational diseases or illnesses, and repetitive stress injuries will be covered as long as they are work-related.

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Is Any Injury Caused by My Employment Covered by Workers' Compensation?

If the injured person is guilty of serious and willful misconduct, the injury may not be covered. However, most injuries that occur due to employment, including those accidentally caused by the injured employee, as well as disabilities such as carpal tunnel syndrome and tendonitis that are caused by repetitive actions, are covered.

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Does My Injury Have to Occur at Work to Be Covered by Workers' Compensation?

No, but it has to be caused by or related to your employment. Usually, injuries that occur while traveling to and from work are not covered, but those that occur while attending work-related functions and business trips are covered.

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When Should I Notify My Employer of the Injury?

To ensure that your injury will be covered by workers' comp, you should notify your employer as soon as possible, but no later than 45 days after the accident or after you became aware of the injury.

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When Should I Seek Medical Treatment?

It is important to receive treatment as soon after being injured as possible, but no later than 90 days after a workplace accident.

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When Do I Have to File a Claim?

The deadline to file a Workers' Compensation claim is called the statute of limitations. In Illinois, a claim must be filed within three years from the day the injury occurred or within two years of the date the employee received their last Workers' Compensation benefits, whichever is later. Contact Mevorah & Giglio Law Offices for assistance with these cases and to ensure that your claim will be filed within the statute of limitations.

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If I Re-Injure or Irritate a Previous Injury or Condition, Am I Still Eligible to Receive Benefits?

Yes. As long as you were injured because of your employment, whether or not there was a previous injury for any reason, you are still eligible to receive compensation. An aggravation of a pre-existing condition is covered by workers' comp.

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What Benefits Am I Eligible for Under the Workers' Compensation Law?

1. Temporary disability benefits, which will pay you two-thirds of your average weekly wage if you doctor determines you cannot work or gives you light duty work that your employer cannot accommodate. If you are able to return to work in a limited capacity, you can receive benefits of two-thirds of the difference between your current wages and your average weekly wage prior to being injured.
2. Medical expenses for all necessary treatment related to your injury.
3. Vocational rehabilitation, job training, or schooling if your employment is unable to accommodate your permanent work restrictions.
4. A lump sum payment for a specific injury that resulted in a permanent partial disability.
5. Permanent disability benefits that will pay you two-thirds of your average weekly wage for the rest of your life if you cannot return to your former job.

The benefits you will be eligible to receive will vary based on the type and severity of your injury or disability.

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Will My Benefits Be Taxed?

Illinois, like most states, does not tax workers' compensation benefits, nor does the federal government.

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Who Pays for My Benefits?

Illinois state law requires your employer to either be self insured or to have workers' compensation insurance. Your employer's insurer will pay your benefits.

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Can I Receive Benefits if My Injury Was Caused By Someone Other Than My Employer or My Co-Worker?

Your right to workers' compensation benefits is not affected by whether your injury was caused by you, your employer, or another party. However, you may be able to file a civil lawsuit against a third party who was partially or fully responsible for your injury. A civil lawsuit may allow you to collect additional compensation for lost wages, pain, suffering, medical costs, or other damages.

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Can I Settle My Case?

Yes, a workers' compensation case can be settled. Negotiation between the injured employee or his/her attorney and the insurance company will determine the parameters of the settlement.

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What Happens if I Settle?

You will usually be able to receive a lump sum payment, and all rights to any further compensation for this specific injury will be waived.

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What Happens if My Employer Offers a Settlement and I Choose Not to Accept it?

In these situations, you can take your case to an arbitration hearing, where all evidence will be heard by an arbitrator. The arbitrator will then make a decision about whether benefits should be awarded and the amount that you will receive. Either party can choose to appeal the decision made by the arbitrator.

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Should I Be Seen by My Employer's Doctor?

It is usually in your best interest to choose your own doctor, rather than leaving medical control up to your employer and their insurance company.

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How Much Does a Good Workers' Compensation Attorney Cost?

The attorney's fee is handled on a contingency basis. This means that instead of an hourly charge, the attorney will be paid a percentage of the client's compensation, and they will only be paid if the client receives benefits. In Illinois, the attorney can charge up to 20% of the compensation recovered. Consult Mevorah & Giglio Law Offices for details.

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If I Am Permanently Disabled, Can I Receive Benefits in a Lump Sum?

Instead of scheduled payments, you may receive benefits as a lump sum, as long as both parties agree and it is approved by the Illinois Workers' Compensation Commission.

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How Can I Ensure That I Will Receive Future Medical Treatment for My Work-Related Injury?

The only way to guarantee that you will receive future medical treatment is to have a hearing before an arbitrator at the Illinois Workers' Compensation Commission. If you settle with your employer or ask for a lump sum, you waive the right to pursue compenation for further paid medical treatment, unless the settlement contract states otherwise.

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If My Employer or Their Workers' Compensation Insurance Company Asks Me for a Recorded Statement, Should I Provide One?

No. You may unintentionally say something that could jeopardize your right to recover benefits or drastically limit the benefits you are entitled to. Call 630-932-9100 and make an appointment with Mevorah & Giglio Law Offices as soon as possible after your injury so we can assist you in obtaining the maximum benefits you are entitled to under law.

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Should an Accident Report Be Filled Out With My Employer?

Yes. Make sure that all information is accurate before you sign it, and request a copy of it from your employer right after the report is made.

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Additional Articles & Resources

• How Do I File A Claim?
• How do I Qualify for Benefits?
• Workers' Comp Death Benefits
• Vocational Rehabilitation

Please contact Mevorah & Giglio Law Offices at 630-932-9100 for further information about how we can help with your Workers' Compensation case.